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MOUNT VERNON FIRE INS. CO. v. CREATIVE HOUSING LTD.

No. 183, Docket 95-7248.

93 F.3d 63 (1996)

MOUNT VERNON FIRE INSURANCE COMPANY, Plaintiff-Counter-Defendant-Appellant, v. CREATIVE HOUSING LTD; and Creative Housing Ltd, d/b/a Creative Housing Management Co., Defendants-Counter-Claimants-Appellees, Linnette Hunter, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 21, 1996.

Attorney(s) appearing for the Case

Michael A. Miranda, New York City (Thurm & Heller, of counsel), for Plaintiff-Counter-Defendant-Appellant.

Michael Majewski, Mineola, NY (Nicole Norris; Joel P. Iannuzzi, Beck & Iannuzzi, Brooklyn, NY, of counsel), for Defendants-Counter-Claimants-Appellees.

Brian J. Farrell, Yonkers, NY (Fitzgerald & Fitzgerald, P.C., of counsel), for Defendant-Appellee.

Before OAKES, MINER and MAHONEY, Circuit Judges.

PER CURIAM:

In this diversity case, Mount Vernon Fire Insurance Company ("Mount Vernon") appeals from a February 10, 1995, judgment of the Eastern District of New York, Charles P. Sifton, Judge, that denied Mount Vernon a declaratory judgment of no coverage against its insured, Creative Housing Ltd. ("Creative Housing"). Mount Vernon claimed on appeal that the district court's holding is in direct conflict with New York law recently established in U.S. Underwriters...

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