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CHRYSLER CAPITAL REALTY, INC. v. GRELLA

No. 394, Docket 90-7549.

942 F.2d 160 (1991)

CHRYSLER CAPITAL REALTY, INC., Plaintiff-Appellant, v. Joseph J. GRELLA, Mid-America Building Associates Limited Partnership, Rene Frank and Mabon, Nugent & Co., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 19, 1991.

Attorney(s) appearing for the Case

Marvin Wexler, New York City (Kornstein, Veisz & Wexler, Howard S. Veisz and Mark Platt, of counsel), for plaintiff-appellant.

Howard R. Hawkins, Jr., New York City (Cadwalader, Wickersham & Taft, Pamela Rogers Chepiga, Gregory M. Patrick, and David DeGregorio, of counsel), for defendants-appellees.

Before NEWMAN and PRATT, Circuit Judges, and SWEET, District Judge, for the Southern District of New York, sitting by designation.

GEORGE C. PRATT, Circuit Judge:

This appeal, which arises from a large mortgage transaction gone awry, raises a novel issue under Michigan state law. For this reason, and because the issue appeared to be one of particular importance to the state of Michigan, we certified the state law issue to the Michigan Supreme Court at plaintiff's request. That court, however, declined (by a 4-3 vote) to answer our query, so we are left to determine on our own plaintiff's attempt...

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