ACA FIN. GUAR. CORP. v. GOLDMAN, SACHS & CO.

9037, 650027/11.

106 A.D.3d 494 (2013)

967 N.Y.S.2d 1

2013 NY Slip Op 3429

ACA FINANCIAL GUARANTY CORP., Respondent, v. GOLDMAN, SACHS & CO., Appellant.

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

Decided May 14, 2013.


Plaintiff alleges that it was fraudulently induced to issue a financial guaranty for a portion of an investment by defendant's misrepresentation that a nonparty hedge fund was taking a long position in the investment when in fact, such fund was actually a short seller, which was influencing the selection of the reference portfolio it was effectively betting against.

The motion court erred when it denied defendant's motion to dismiss plaintiff's causes of action for...

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