Opinion
No. 17-cv-04733 (NG)
05-31-2018
In re LADDER 3 CORP. Debtor. OTR MEDIA GROUP, INC., Appellant-Defendant, v. ROBERT J. MUSSO, Chapter 7 Trustee of the Estate of Ladder 3 Corp. Appellee-Plaintiff.
OPINION and ORDER GERSHON, United States District Judge :
Appellant-defendant OTR Media Group, Inc. ("OTR") appeals the decision of the Bankruptcy Court for the Eastern District of New York (Craig, Chief Judge) denying OTR's motion for summary judgment and granting the summary judgment motion of Appellee-Plaintiff Robert J. Musso, the Trustee of Chapter 7 debtor Ladder 3 Corp. ("Ladder 3"). In re Ladder 3 Corp., 571 B.R. 525 (Bankr. E.D.N.Y. 2017), motion for relief from judgment denied, 2018 WL 722405 (Bankr. E.D.N.Y. 2018). On March 28, 2018, I denied OTR's motion for direct certification of appeal to the Second Circuit. In re Ladder 3 Corp., 2018 WL 2298349, at *4 (E.D.N.Y. Mar. 28, 2018). In that decision, I reviewed the facts and procedural history of the case—which I decline to repeat here—and explained why 11 U.S.C. § 349(b)(2)-(3) did not nullify the Stipulation of Settlement reached by the parties in the 2010 Adversary Proceeding. I have considered OTR's argument on appeal (of which there is only one, as OTR has abandoned its argument under § 349(b)(2)) and find it to be meritless. For substantially the reasons stated in my certification decision, the decision of the Bankruptcy Court is affirmed.
SO ORDERED.
/s/ _________
NINA GERSHON
United States District Judge May 31, 2018
Brooklyn, New York