Stoebner v. PNY Technologies, Inc. (In re Polaroid Corp. )

REPORT AND RECOMMENDATION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT, AS TO COUNT TWO OF PLAINTIFF’S COMPLAINT

Gregory F. Kishel, Chief United States Bankruptcy Judge

This adversary proceeding came before the undersigned bankruptcy judge on cross-motions for summary judgment on Count Two of the Plaintiffs amended complaint. The Plaintiff (“the Trustee”) appeared personally and by his attorneys, Ralph V. Mitchell and Tyler D. Candee. The Defendant (“PNY”) appeared by its attorneys, David J. Adler and Robert T. Kugler. Count Two is not a core proceeding in the underlying bankruptcy cases, but it is a…