Legal Opinion

Frederes v. Ferguson (In re Frederes)

District Court, W.D. New York

Decided January 2, 1990No. Bankruptcy Nos. 88-21065, 89-2083APublished

1Opinion of the Court

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

This is a motion by the Plaintiff, Daryl B. Frederes (hereinafter “Frederes”) for partial summary judgment. Essentially, the *420Plaintiff is seeking summary judgment to determine that Foremeadows Investment, Ltd. (hereinafter “Foremeadows”) and Larry James Ferguson (hereinafter “Ferguson”) breached the contract and to determine partial damages.

The following facts are undisputed. Fre-deres doing business as Alexandria Bay Boatworks, filed for protection under Chapter 11 of Title 11 of the United States Code on July 21, 1988. Some time…

2Cases cited11 opinions

  1. Meiri v. DaconCourt of Appeals for the Second Circuit · 1985
  2. Zev v. MermanNew York Court of Appeals · 1988
  3. City of New York v. New York Central RailroadNew York Court of Appeals · 1937
  4. SCHMIDT v. McKAYCourt of Appeals for the Second Circuit · 1977
  5. Young v. WhitneyAppellate Division of the Supreme Court of the State of New York · 1985

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