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IN RE CRYSEN/MONTENAY ENERGY CO.

No. 788, Docket 89-5035.

902 F.2d 1098 (1990)

In re CRYSEN/MONTENAY ENERGY CO., Debtor. CRYSEN/MONTENAY ENERGY CO., Appellant, v. ESSELEN ASSOCIATES, INC., Appellee.

United States Court of Appeals, Second Circuit.

Decided May 9, 1990.

Attorney(s) appearing for the Case

Richard N. Chassin, New York City (John R. Horan, Fox & Horan, New York City, of counsel), for appellant.

Anthony J. Pruzinsky, Hill, Rivkins, Carey, Loesberg, O'Brien & Mulroy, New York City, for appellee.

Before OAKES, Chief Judge, KEARSE, Circuit Judge, and FLETCHER, Circuit Judge.

OAKES, Chief Judge:

Crysen/Montenay Energy Co. ("Crysen") appeals an August 10, 1989, amended opinion and order of the United States District Court for the Southern District of New York, Milton Pollack, Judge, reported at 102 B.R. 25 (S.D.N.Y.1989), holding that prosecution of a tort claim by appellee Esselen Associates, Inc. ("Esselen"), against Consolidated Edison Company of New York, Inc. ("Con Edison"), is not barred by the automatic...

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