E.D.K. Enterprises, Inc. v. C & S Wholesale Grocers, Inc.

Appeal from an order of the Supreme Court (Ceresia, Jr., J.), entered June 1, 2005 in Rensselaer County, which, inter alia, granted defendants’ motion for summary judgment dismissing the complaint.

This action arises out of the October 2000 bankruptcy of the Grand Union Company, a retail grocery store chain. In the context of that bankruptcy proceeding, the Bankruptcy Court approved the sale of substantially all of Grand Union’s assets to defendant C & S Wholesale Grocers, Inc., a wholesale distributor which had been a major supplier to Grand Union. Defendant GU Markets, LLC was formed by the…