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13-047 - Blanken v. Kentucky Highlands Investment Corporation et al


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13-047 - Blanken v. Kentucky Highlands Investment Corporation et al
February 27, 2014
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MEMORANDUM OPINION & ORDER: IT IS ORDERED that Defendant's Motion to Dismiss (Doc. # 9) is granted in part with respect to whether the exclusionary clause prevented Fortress's security interest from attaching to the roll former, granted in part with respect to whether the November 6 transaction triggered Section 620 of the New York Uniform Commercial Code, and denied in part with respect to whether the November 6 transaction triggered Section 610 of the New York Uniform Commercial Code. Signed by Judge David L. Bunning on 02/27/2014.(KJA)cc: COR
January 25, 2016
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MEMORANDUM OPINION & ORDER: Dft's Motion for Summary Judgment (Doc. # 95) is granted with respect to Pla's declaratory judgment and conversion claims and denied with respect to Pla's tortious interference claim, because there is a genuine issue of material fact as to whether Dfts' disposition of the roll former was commercially reasonable. IT IS FURTHER ORDERED that Pla's Motion for Summary Judgment (Doc. # 96) is denied in full. Signed by Judge David L. Bunning on 01/25/2016.(KJA)cc: COR