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U.S. UNDERWRITERS INS. CO. v. CITY CLUB HOTEL, LLC

Docket Nos. 03-7533(L), 03-7543(XAP).

369 F.3d 102 (2004)

U.S. UNDERWRITERS INSURANCE COMPANY, Plaintiff-Appellant-Cross-Appellee, v. CITY CLUB HOTEL, LLC, Shelby Realty, LLC, Forthright Development, LLC, Metropolitan Hotels, LLC, Stephen Brighenti and Jonathan P. Zambetti, Defendants-Appellees-Cross-Appellants, and Marek Szpakowski and Agnes Szpakowski, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 23, 2004.

Attorney(s) appearing for the Case

Steven Verveniotis, Miranda & Sokoloff, LLP (Jason B. Gurdus, on the brief), Mineola NY, for Plaintiff-Appellant-Cross-Appellee.

Mark J. Bunim, Bryan Cave LLP (Alan Garten, of counsel), New York NY, for Defendants-Appellees-Cross-Appellants.

Gail S. Kellner, Kellner & Kellner, New York NY, for Defendants-Appellees (on submission).

Before: NEWMAN, KEARSE, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge.

On April 27, 2000, Marek Szpakowski, a construction worker employed by City Club Hotel, LLC, fell and sustained serious injuries when the scaffolding he was standing on snapped. City Club was a tenant on the subject premises, and performing renovation work pursuant to a lease with the property owner, Shelby Realty, LLC ("Shelby"). U.S. Underwriters Insurance Company ("Underwriters") had issued a general commercial liability insurance policy...

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