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

No. 49.

25 N.Y.3d 1043 (2015)

32 N.E.3d 921

10 N.Y.S.3d 486

2015 NY Slip Op 03876

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

Court of Appeals of New York.

Decided May 7, 2015.

Attorney(s) appearing for the Case

Kasowitz, Benson, Torres & Friedman LLP, New York City ( Marc E. Kasowitz,   Daniel R. Benson,   Andrew K. Glenn,   Trevor J. Welch and Kara F. Headley of counsel), for appellant.

Sullivan & Cromwell LLP, New York City ( Richard H. Klapper,   Theodore Edelman,   William B. Monahan and Jessica P. Stokes of counsel), for respondent.

Chief Judge LIPPMAN and Judges PIGOTT, RIVERA, STEIN and FAHEY concur; Judge READ dissents in an opinion in which Judge ABDUS-SALAAM concurs.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the case remitted to the Appellate Division for consideration of issues raised but not determined on the appeal to that Court and the certified question answered in the negative.

Plaintiff ACA Financial Guaranty Corp. commenced this action against defendant Goldman, Sachs & Co., alleging that...

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