Highland Capital Management L.P. v. Schneider

CROTTY, District Judge.

I. Background,

The facts on this appeal are set forth in the Court’s prior opinion, Highland Capital Mgmt. L.P. v. Schneider, 460 F.3d 308 (2d Cir.2006), and more extensively in the District Court’s opinion, Highland Capital Mgmt. L.P. v. Schneider, 2005 WL 1765711, at *1-9, 2005 U.S. Dist. LEXIS 14912, at *2-28 (S.D.N.Y. July 26, 2005), familiarity with which is assumed. In our opinion, we certified the following question to the New York Court of Appeals:

Based on this record, do the eight promissory notes issued by McNaughton Apparel Group Inc., to the Schneiders fall…