Legal Opinion
KB Dissolution Corp. v. GREAT AMERICAN OPPORTUNITIES, INC.
District Court, S.D. New York
Decided April 14, 2010No. 09 Civ. 8565(LAK)PublishedCited by 5 opinions
1Opinion of the Court
memorandum; opinion
LEWIS A. KAPLAN, District Judge.
This matter is before the Court on KBI’s application for leave to file a second amended complaint in substantially the same terms as its previously dismissed amended complaint. GAO resists, arguing that this Court lacks jurisdiction by virtue of its pending appeal from an order dismissing its counterclaims and, in any case, that the application should be denied as futile.
Facts
This is, principally, an action on a promissory note of GAO given in connection with its purchase of assets from KBI pursuant to an asset purchase agreement (“APA”). GAO…
2Cases cited6 opinions
- Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
- United States v. John Frank RodgersCourt of Appeals for the Second Circuit · 1996
- Leonhard v. United StatesCourt of Appeals for the Second Circuit · 1980
- Citizens Accord, Inc. v. Town of RochesterCourt of Appeals for the Second Circuit · 2000
- Transport Workers Union of America, Local 100 v. New York City Transit AuthorityCourt of Appeals for the Second Circuit · 2007
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Whitfield v. City of New YorkDistrict Court, S.D. New York · 2025