PEREIRA v. COGAN

No. 00 CIV.619 (RWS).

200 F.Supp.2d 367 (2002)

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.

May 8, 2002.


Attorney(s) appearing for the Case

LeBoeuf, Lamb, Greene, & MacRae, L.L.P., New York, By John P. Campo, Esq., Theodore J. Fischkin, Esq., Alison J. Chen, Esq., Of Counsel, for Plaintiff.

Salomon Green & Ostrow, P.C., Attorneys for Defendant Marshall S. Cogan, New York, By Chester B. Salomon, Esq., Alec P. Ostrow, Esq., Nicholas F. Kajon, Esq., Walter Benzija, Esq., Of Counsel, Morvillo, Abramowitz, Grand, Iason & Silberberg, Attorneys for Defendant Marshall S. Cogan, New York, By Michael C. Silberberg, Esq., Elkan Abramowitz, Esq., Of Counsel, Swidler, Berlin, Shereff, Friedman, Attorneys for Defendant Saul S. Sherman, 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. (collectively "Trace") has moved for partial summary judgment pursuant to Federal Rule of Civil Procedure 56 against defendant Marshall S. Cogan ("Cogan"), seeking to dismiss $14.7 million in alleged Cogan offsets1 in the form of additional employment compensation or excess...

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