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ELGIN SWEEPER CO. v. MELSON INC.

Civ. No. 93-CV-660.

884 F.Supp. 641 (1995)

ELGIN SWEEPER COMPANY, Plaintiff, v. MELSON INCORPORATED, Royal Bank of Canada, Carol Simpson, Dorothy Simpson and Scott Simpson, Defendants.

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

May 5, 1995.

Attorney(s) appearing for the Case

Poushter, Marshall & Leberman, P.C., Syracuse, NY, for plaintiff (William J. Leberman, of counsel).

Bond, Schoeneck & King, L.L.P., Syracuse, NY, for defendants Melson Inc., Carol Simpson, and Dorothy Simpson (S. Paul Battaglia, of counsel).

Phillips, Lytle, Hitchcock, Blaine & Huber, Rochester, NY, for defendant Royal Bank of Canada (Mark J. Moretti, of counsel).

Office of George M. Raus, Jr., Syracuse, NY, for defendant Scott Simpson (George M. Raus, Jr., of counsel).

DECISION AND ORDER

SCULLIN, District Judge.

INTRODUCTION

This case involves a number of claims of intentional and constructive fraud under the New York Debtor & Creditor law, as well as claims of breach of contract and fiduciary duty, arising out of a bank loan and a series of intercompany transfers and defaulted obligations. Plaintiff initiated this action alleging that a subsidiary of the defendant Melson Incorporated entered into...

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