Legal Opinion

EBC I, Inc. v. Goldman, Sachs & Co.

New York Court of Appeals

Decided June 7, 2005PublishedCited by 551 opinions

1Opinion of the Court

OPINION OF THE COURT

ClPARICK, J.

Plaintiff, the Official Committee of Unsecured Creditors of EBC I, Inc., formerly known as eToys, Inc., brought this action against defendant Goldman, Sachs & Co., the lead managing underwriter of its initial public stock offering, alleging five causes of action related to the underwriting agreement: breach of fiduciary duty, breach of contract, fraud, professional malpractice and unjust enrichment. We hold that plaintiff’s complaint fails to state claims for breach of contract, professional malpractice and unjust enrichment. We therefore modify the Appellate…

2Cases cited11 opinions

  1. Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
  2. Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
  3. Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
  4. 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
  5. Dalton v. Educational Testing ServiceNew York Court of Appeals · 1995

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3Cited by551 opinions

  1. Eurycleia Partners, LP v. Seward & Kissel, LLPNew York Court of Appeals · 2009
  2. Sokol v. LeaderAppellate Division of the Supreme Court of the State of New York · 2010
  3. Cortlandt St. Recovery Corp. v. BondermanCourt for the Trial of Impeachments and Correction of Errors · 2018
  4. AG Capital Funding Partners, L.P. v. State Street Bank & Trust Co.New York Court of Appeals · 2005
  5. Anwar v. Fairfield Greenwich Ltd.District Court, S.D. New York · 2010

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