Legal Opinion

GII Industries, Inc. v. New York State Department of Transportation (In re GII Industries, Inc.)

United States Bankruptcy Court, E.D. New York

Decided May 19, 2010No. Bankruptcy Nos. 04-27013-CEC, 04-27015-CEC, 06-42964-CEC, 06-42966-CEC, 06-43325-CEC; Adversary No. 07-1464-CECPublishedCited by 2 opinions

1Opinion of the Court

DECISION

CARLA E. CRAIG, Chief Judge.

This matter comes before the Court on the motions in limine of plaintiff GII Industries, Inc. ftk/a Grace Industries, Inc. (“Grace” or “GII”) and defendant New York State Department of Transportation (“NYSDOT”), each seeking to preclude the introduction of certain evidence in connection with an upcoming bench trial on three issues: (i) what is the appropriate cost methodology for the parties to use to calculate Gil’s damage claim against NYS-DOT and (ii)(a) whether GII is entitled to prejudgment interest and (b) from what date should prejudgment interest…

2Cases cited4 opinions

  1. Luce v. United StatesSupreme Court of the United States · 1984
  2. Palmieri v. DefariaCourt of Appeals for the Second Circuit · 1996
  3. National Union Fire Insurance v. L.E. Myers Co. GroupDistrict Court, S.D. New York · 1996
  4. In Re Methyl Tertiary Butyl Ether (" Mtbe") ProductsDistrict Court, S.D. New York · 2009

3Cited by2 opinions

  1. Official Committee of Unsecured Creditors ex rel. Estate of Oak Rock Financial, LLC v. Israel Discount Bank of New York (In re Oak Rock Financial, LLC)United States Bankruptcy Court, E.D. New York · 2016
  2. Tri Harbor Holdings Corporation v. Sigmapharm Laboratories, LLCUnited States Bankruptcy Court, D. New Jersey · 2022

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