McRae v. Sears, Roebuck & Co., 2 A.D.3d 419
N/AOUTCOME: summary judgment in favor of client
Lawyer
OUTCOME: summary judgment in favor of client
OUTCOME: remanded to state court
Case was removed improperly to bankruptcy court; the underlying litigation was between non-debtor parties and lacked a sufficiently close nexus to the bankruptcy case. The initial litigation in state c ... ourt was a foreclosure proceeding on the real property of a non-debtor party and can have no effect on either the Debtor or the bankruptcy estate.
OUTCOME: in favor of defendant's application of federal law
In a cargo loss case, the plaintiff sought to have the court impose New York's higher rate for pre-judgment interest. The court ruled against plaintiff and found that such an application would result ... in a windfall.