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EBC I, INC. v. GOLDMAN SACHS CO., 61 (N.Y. 6-7-2005)

Court of Appeals of the State of New York.
Jun 7, 2005
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Factual and Procedural Background

This opinion concerns an appeal in EBC I, Inc. v. Goldman Sachs Co. The court modified the order by dismissing the second, fourth, and fifth causes of action, affirmed the order as modified, and answered the certified question in the negative. [1]

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The provided opinion contains no substantive reasoning or explanation for the disposition. The court ordered dismissal of the second, fourth, and fifth causes of action, affirmed the order as modified, and answered the certified question in the negative. [1]

Holding and Implications

ORDER MODIFIED AND AFFIRMED AS MODIFIED. The second, fourth, and fifth causes of action were dismissed, without costs, and the certified question was answered in the negative. [1] The opinion identifies no broader implications; its direct effect is limited to the disposition of the specified causes of action and certified question, and no new precedent was set.

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Opinion by Judge CIPARICK.

Order modified, without costs, by dismissing the second, fourth and fifth causes of action and, as so modified, affirmed. Certified question answered in the negative.

Chief Judge Kaye and Judges G.B. Smith, Rosenblatt, Graffeo and R.S. Smith concur.

Judge Read dissents in part in an opinion.