Inland Bank and Trust v. ARG International AG, 16-cv-9964 (LAK). (2018)
Court: District Court, S.D. New York
Number: infdco20180808669
Visitors: 17
Filed: Jul. 23, 2018
Latest Update: Jul. 23, 2018
Summary: ORDER LEWIS A. KAPLAN , District Judge . This matter is before the Court on cross-motions for summary judgment. In a report and recommendation dated May 3, 2018 [DI 63] (the "R&R"), Magistrate Judge Sarah Netburn recommended that both motions be denied, as she concluded that there are genuine issues of material fact with respect to whether the plaintiff authorized sales of inventory by Metallic Conversion Corporation free of plaintiff's perfected security interests through a course of perfo
Summary: ORDER LEWIS A. KAPLAN , District Judge . This matter is before the Court on cross-motions for summary judgment. In a report and recommendation dated May 3, 2018 [DI 63] (the "R&R"), Magistrate Judge Sarah Netburn recommended that both motions be denied, as she concluded that there are genuine issues of material fact with respect to whether the plaintiff authorized sales of inventory by Metallic Conversion Corporation free of plaintiff's perfected security interests through a course of perfor..
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ORDER
LEWIS A. KAPLAN, District Judge.
This matter is before the Court on cross-motions for summary judgment. In a report and recommendation dated May 3, 2018 [DI 63] (the "R&R"), Magistrate Judge Sarah Netburn recommended that both motions be denied, as she concluded that there are genuine issues of material fact with respect to whether the plaintiff authorized sales of inventory by Metallic Conversion Corporation free of plaintiff's perfected security interests through a course of performance, course of dealing or usage of trade. Plaintiff objects to the R&R's recommendation that its motion be denied, arguing that there is no genuine issue of material fact with respect to its alleged authorization.
The Court has reviewed the record and considered plaintiff's objection. While the question is a close one and plaintiff may well have the advantage at trial, the Court agrees that there is a genuine issue of material fact on this issue.
Accordingly, the cross-motions [DI 45, DI 51] are denied.
SO ORDERED.
Source: Leagle
