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

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

395 F.3d 24 (2005)

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: January 7, 2005.

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. Kelner, Kelner & Kelner, New York NY, for Defendants-Appellees (on submission).

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

PER CURIAM.

In our prior opinion in this case, familiarity with the facts of which is assumed, we affirmed the judgment of the District Court in part, and certified that portion of the District Court opinion that pertained to attorneys' fees. See United States Underwriters Ins. Co. v. City Club Hotel, 369 F.3d 102 (2d Cir.2004). Specifically, on April 23, 2004, we certified the following questions to the New York Court of Appeals...

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