Giuliano v. Ernst & Young, LLP (In re RIH Acquisitions NJ, LLC)

OPINION

JERROLD N. POSLUSNY, JR., U.S. Bankruptcy Judge

Before the Court is Ernst & Young, LLP’s motion to dismiss (the “Motion”) the complaint filed by the liquidating trustee, Alfred T. Giuliano. The Motion argues that the complaint is barred by the doctrines of res judicata and the law of the case. For the reasons set forth below, the Motion is denied.

BACKGROUND

Alfred T. Giuliano (the “Plaintiff’), the liquidating trustee of RIH Acquisitions, NJ, LLC (the “Debtor”), filed an adversary complaint against Ernst & Young, LLP (the “Defendant”), seeking to avoid and recover allegedly preferential…