United States Fourth Circuit

Under New York law, as set forth in Triangle Sheet Metal Works, Inc. v. James H. Merritt and Co., 79 N.Y.2d 801, 588 N.E.2d 69 (1991), plaintiff cannot claim delay damages for circumstances beyond debtor's control. Because plaintiff did not file a proof of claim in the amount of the interest, and because the unsecured claims have been satisfied, it cannot recover the claim for interest from the bankruptcy estate.

Appellate Information

• Decided 02/21/2003
• Published 02/21/2003

Judges

• Before MICHAEL and GREGORY, Circuit Judges, and REBECCA BEACH SMITH, United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William Harley Roth, Kelly & Roth, New York, NY, for Appellant.  Irving Edward Walker, Saul Ewing, L.L.P., Baltimore, MD, for Appellee.   ON BRIEF:  Linda V. Donhauser, E. Hutchinson Robbins, Jr., Matthew G. Summers, Miles & Stockbridge, P.C., Baltimore, MD, for Appellee.