Bessemer Trust Co., N.A. v. Branin

SACK, Circuit Judge:

We return to consider this appeal further, in light of the answer provided by the New York Court of Appeals in Bessemer Trust Co., N.A. v. Branin (Bessemer V), 16 N.Y.3d 549, 949 N.E.2d 462, 925 N.Y.S.2d 371 (2011), in response to a question that we had certified to it in Bessemer Trust Co., N.A. v. Branin (Bessemer IV), 618 F.3d 76, 93-94 (2d Cir.2010). 1 The issue to which the Court of Appeals gave its attention and to which we now give ours concerns what actions the defendant, a seller of, inter alia, the “good will” 2 of a business, may thereafter permissibly take to…