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Wednesday, August 16, 2006

More certfied questions. In two decisions issued on August 15, 2006, the Second Circuit certified questions to the New York Court of Appeals.

In White Plains Coat & Apron Co. v. Cintas Corp., the Court certified the following question:

Does a generalized economic interest in soliciting business for profit constitute a defense to a claim of tortious interference with an existing contract for an alleged tortfeasor with no previous economic relatinship with the breaching party?

The decision in that case can be found here.

In Highland Capital Management LP v. Schneider, the Court certified the following question:

Based on this record, do the eignt promissary notes issued by McNaughton Apparel Group, Inc., to the Schneiders fall within the definition of a "security" as contemplated by Section 8-102(15) of the New York Uniform Commercial Code?

The decision in that case can be found here.

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