PEREIRA v. COGAN

No. 00 CIV. 619 RWS.

267 B.R. 500 (2001)

John S. PEREIRA, as Trustee of Trace International Holdings, Inc. and Trace Foam Sub, Inc., Plaintiff, v. Marshall S. COGAN, Saul S. Sherman, Andrea Farace, Frederick Marcus, Robert H. Nelson, Philip Smith, Karl Winters, Tambra King Defendants.

United States District Court, S.D. New York.

September 25, 2001.


Attorney(s) appearing for the Case

LeBoeuf, Lamb, Greene, & MacRae, L.L.P., New York City, By John P. Campo, Esq., Theodore J. Fischkin, Esq., Amy S. Zabetakis, Esq., of Counsel, for Plaintiff.

Salomon Green & Ostrow, P.C., Attorneys for Defendant Marshall S. Cogan, New York, By Chester B. Salomon, Of Counsel, Swidler Berlin Shereff Friedman, LLP, Attorneys for Defendants Andrea Farace, Saul S. Sherman, and Frederick Marcus, New York, By Shalom Jacob, Esq., Of Counsel, Piper Marbury Rudnick & Wolfe, LLP, Attorneys for Defendants Robert H. Nelson, Philip Smith, Karl Winters, and Tambra King, New York, By Robert A. Meister, Esq., Of Counsel, for Defendants.


OPINION

SWEET, District Judge.

Plaintiff John S. Pereira as Trustee (the "Trustee") of Trace International Holdings, Inc. and Trace Foam Sub, Inc. (together, "Trace") has moved for partial summary judgment, pursuant to Federal Rule of Civil Procedure 56, against defendant Marshall S. Cogan ("Cogan"), holding Cogan liable on eight separate promissory notes, in the aggregate principal amount of about $14.3 million. The motion also seeks to dismiss Cogan...

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