Corsair Special Situations Fund, L.P. v. Pesiri, No. 16-158 (2d Cir. 2017)Annotate this Case
In this dispute between a judgment creditor and a Connecticut State Marshall over whether the Marshal was entitled to a statute that awards a commission, the Second Circuit concluded that Connecticut state law was insufficiently developed for the court to answer the question raised on appeal. Therefore, the court certified the following questions to the Connecticut Supreme Court: (1) Was Marshal Pesiri entitled to a fifteen percent fee under the terms of CONN. GEN. STAT. 52‐8 261(a)(F)? (2) In answering the first question, does it matter that the writ was ignored and that the monies that were the subject of the writ were procured only after the judgment creditor, not the marshal, pursued further enforcement proceedings in the courts?
The court issued a subsequent related opinion or order on April 13, 2018.