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QUEENIE, LTD. v. NYGARD INTERN.

Docket Nos. 02-7158, 02-7162(CON).

321 F.3d 282 (2003)

QUEENIE, LTD., Plaintiff-Counter-Defendant-Appellant, Marc Gardner, Heavenly Fabrics, Inc., and Joseph Heaven, Counter-Defendants-Appellants, v. NYGARD INTERNATIONAL, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 25, 2003.

Attorney(s) appearing for the Case

Marc Bogatin, New York, N.Y., for Plaintiff-Counter-Defendant-Appellant Queenie, Ltd., and Counter-Defendant-Appellant Marc Gardner.

Wayne M. Greenwald, Greenwald & Rimberg, L.L.P., New York, N.Y., for Counter-Defendants-Appellants, Joseph Heaven and Heavenly Fabrics, Inc.

John F. Triggs, Greenberg & Traurig, LLP, New York, N.Y., for Defendant-Counter-Claimant-Appellee Nygard International.

Before: NEWMAN, SACK, and SOTOMAYOR, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal illustrates the pitfalls that can be encountered in the complexities of even routine litigation. Sometimes those complexities result in the forfeiture of a defense that arguably has merit. When that occurs, an appellate court faces a choice between enforcing the forfeiture or burdening parties, witnesses, jurors, and the trial court with a retrial. That choice confronts us on this...

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