Harold Nadler v. Baybank Merrimack Valley, N.A.

BAILEY ALDRICH, Senior Circuit Judge.

Plaintiffs Harold and Meriba Nadler have appealed from a summary judgment granted in favor of defendant BayBank Merrimack Valley, N.A., a banking institution. The only issue on appeal is whether the court erred in ruling that plaintiffs had failed to show a “genuine issue as to any material fact” necessary to survive Bay-Bank’s Rule 56(c) motion for summary judgment as it applied to Count Two of their complaint. That count alleged that defendant had conducted a secured party, liquidation sale in a commercially unreasonable manner. The question is whether…