Legal Opinion
AG Capital Funding Partners, L.P. v. State Street Bank & Trust Co.
New York Court of Appeals
Decided November 17, 2005PublishedCited by 146 opinions
1Opinion of the Court
OPINION OF THE COURT
ClPARICK, J.
Because an underwriter or issuer of securities can, by statements and acts interpreted in light of industry custom and practice, assume a duty that may be imposed upon a secured party representative or indenture trustee, and because such allegations are adequately pleaded in a third-party complaint and supplemental documentary evidence, we reinstate causes of action for negligence and contribution brought by the secured party representative/indenture trustee against the underwriters and the issuer’s counsel.
Loewen Group International, Inc. and Loewen Group,…
2Cases cited12 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- EBC I, Inc. v. Goldman, Sachs & Co.New York Court of Appeals · 2005
7 more not listed; retrieve them via the Exa API.
3Cited by146 opinions
- Nomura Home Equity Loan, Inc. v. Nomura Credit & Capital, Inc.Court for the Trial of Impeachments and Correction of Errors · 2017
- Shaya B. Pacific, LLC v. Wilson, Elser, Moskowitz, Edelman & Dicker, LLPAppellate Division of the Supreme Court of the State of New York · 2006
- Chase v. J.H. Electric of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- J.P. Morgan Securities Inc. v. Vigilant InsuranceNew York Court of Appeals · 2013
- AG Capital Funding Partners, L.P. v. State Street Bank & Trust Co.New York Court of Appeals · 2008
141 more not listed; retrieve them via the Exa API.