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E.D.K. ENTERPRISES, INC. v. C & S WHOLESALE GROCERS, INC.

30 A.D.3d 924 (2006)

818 N.Y.S.2d 319

E.D.K. ENTERPRISES, INC., Plaintiff, and L. MICHAEL MACKEY et al., Appellants, v. C & S WHOLESALE GROCERS, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 29, 2006.

Carpinello, J.

This action arises out of the October 2000 bankruptcy of the Grand Union Company, a retail grocery store chain. In the context of that bankruptcy proceeding, the Bankruptcy Court approved the sale of substantially all of Grand Union's assets to defendant C & S Wholesale Grocers, Inc., a wholesale distributor which had been a major supplier to Grand Union. Defendant GU Markets, LLC was formed by the controlling shareholder of C & S solely for...

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