DWIGHT P. BOSTWICK, ETC., plf-ap, v. CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK NEW YORK BRANCH, FORMERLY KNOWN AS CALYON NEW YORK BRANCH def-res

3574-3575. DWIGHT P. BOSTWICK, ETC., plf-ap, v. CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK NEW YORK BRANCH, FORMERLY KNOWN AS CALYON NEW YORK BRANCH def-res — Zuckerman Spaeder LLP, New York (Andrew N. Goldfarb of counsel), for ap — White & Case LLP, New York (John Christopher Shore of counsel), for res — Judgment, Supreme Court, New York County (Barbara Jaffe, J.), entered September 28, 2016, dismissing the amended complaint, unanimously reversed, on the law, without costs, and the amended complaint reinstated to the extent indicated herein. Appeal from order, same court and Justice, entered on or about April 28, 2016, which granted defendants' motion to dismiss the amended complaint for failure to state a cause of action, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

3574-3575. DWIGHT P. BOSTWICK, ETC., plf-ap, v. CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK NEW YORK BRANCH, FORMERLY KNOWN AS CALYON NEW YORK BRANCH def-res — Zuckerman Spaeder LLP, New York (Andrew N. Goldfarb of counsel), for ap — White & Case LLP, New York (John Christopher Shore of counsel), for res — Judgment, Supreme Court, New York County (Barbara Jaffe, J.), entered September 28, 2016, dismissing the amended complaint, unanimously reversed, on the law, without costs, and the amended complaint reinstated to the extent indicated herein. Appeal from order, same court and Justice, entered on or about April 28, 2016, which granted defendants’ motion to dismiss the amended complaint for failure to state a cause of action, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

This action stems from defendants’ conduct in a bankruptcy proceeding involving plaintiff’s entities, which are the debtors in that proceeding. Plaintiff is the successor trustee of the GSC Liquidating Trust, which is composed of a group of affiliated entities (GSC entities), some of which borrowed substantial sums of money from lenders, including defendants, which held a minority position in the main secured loan. In order to secure the loan, the GSC entities pledged collateral composed of almost all of their assets, and entered into a credit agreement and a security agreement with the creditors; defendants are among the secured creditors.

DWIGHT P. BOSTWICK, ETC., plf-ap, v. CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK NEW YORK BRANCH, FORMERLY KNOWN AS CALYON NEW YORK BRANCH def-res

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal