Legal Opinion

Highland Capital Management LP v. Schneider

New York Court of Appeals

Decided April 3, 2007PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Read, J.

The United States Court of Appeals for the Second Circuit has asked us whether the eight promissory notes at issue in this case are “securities” within the meaning of section 8-102 (a) (15) of the Uniform Commercial Code. For the reasons that follow, we conclude that they are.

I

In April 1998, Norton McNaughton, Inc. (subsequently, McNaughton Apparel Group, Inc.) acquired two women’s apparel companies — Jeri-Jo Knitwear Inc. (owned by Leonard Schneider), and Jamie Scott, Inc. (owned by his three children, Leslie, Susan and Scott Schneider). These two businesses were…

2Cases cited3 opinions

  1. Vigilant Insurance of America v. Housing Authority of El PasoNew York Court of Appeals · 1995
  2. Wharf (Holdings) Ltd. v. United International Holdings, Inc.Supreme Court of the United States · 2001
  3. Baker v. GotzDistrict Court, D. Delaware · 1975

3Cited by11 opinions

  1. Highland Capital Management, L.P. v. SchneiderDistrict Court, S.D. New York · 2008
  2. Enron Corp. v. Springfield Associates, L.L.C. (In Re Enron Corp.)District Court, S.D. New York · 2007
  3. Highland Capital Management, L.P. v. SchneiderDistrict Court, S.D. New York · 2008
  4. Meding v. Receptopharm, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  5. Highland Capital Management L.P. v. SchneiderCourt of Appeals for the Second Circuit · 2007

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