Highland Capital Management LP v. Schneider
New York Court of Appeals
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
- Vigilant Insurance of America v. Housing Authority of El PasoNew York Court of Appeals · 1995
- Wharf (Holdings) Ltd. v. United International Holdings, Inc.Supreme Court of the United States · 2001
- Baker v. GotzDistrict Court, D. Delaware · 1975
3Cited by11 opinions
- Highland Capital Management, L.P. v. SchneiderDistrict Court, S.D. New York · 2008
- Enron Corp. v. Springfield Associates, L.L.C. (In Re Enron Corp.)District Court, S.D. New York · 2007
- Highland Capital Management, L.P. v. SchneiderDistrict Court, S.D. New York · 2008
- Meding v. Receptopharm, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Highland Capital Management L.P. v. SchneiderCourt of Appeals for the Second Circuit · 2007
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