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EBC I, INC. v. GOLDMAN SACHS

5448.

91 A.D.3d 211 (2011)

936 N.Y.S.2d 92

2011 NY Slip Op 8839

EBC I, INC., Formerly Known as eTOYS INC., Appellant, v. GOLDMAN SACHS & CO., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 8, 2011.

Attorney(s) appearing for the Case

Pomerantz Haudek Grossman & Gross LLP, New York City ( Stanley M. Grossman , H. Adam Prussin , Murielle J. Steven Walsh , Marie L. Oliver and Anthony F. Maul of counsel), and Wachtel & Masyr, LLP, New York City ( William B. Wachtel and John H. Reichman of counsel), for appellant.

Sullivan & Cromwell LLP, New York City ( Penny Shane of counsel), for respondent.

ANDRIAS, J.P., FRIEDMAN and RENWICK, JJ., concur with DEGRASSE, J.; ABDUS-SALAAM, J., dissents in a separate opinion.

OPINION OF THE COURT

DEGRASSE, J.

Plaintiff is the Official Committee of Unsecured Creditors of eToys, Inc., a bankrupt Internet start-up company that was incorporated in 1996. By order of the United States Bankruptcy Court for the District of Delaware (Walrath, J.), plaintiff was granted standing as a representative of eToys' bankruptcy estate and authorized to prosecute any litigation claim on behalf of eToys...

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