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BRIGGS AVENUE v. INSURANCE CORP. OF HANNOVER

Docket No. 06-3231-cv.

516 F.3d 42 (2008)

BRIGGS AVENUE L.L.C., Plaintiff-Appellant, v. INSURANCE CORPORATION OF HANNOVER, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Question certified February 15, 2008.

Attorney(s) appearing for the Case

Robert Scher, Scher & Scher, PC, Great Neck, N.Y., for Plaintiff-Appellant.

Janet Ford, White, Fleischner & Fino, LLP, New York, N.Y., for Defendant-Appellee.

Before: LEVAL, CALABRESI, and WESLEY, Circuit Judges.

Question certified to the New York Court of Appeals: February 15, 2008.

CALABRESI, Circuit Judge:

This case raises a question of state law that has yet to be addressed by the New York Court of Appeals and that has led to divergent opinions in the federal district courts. When an injured party begins its suit against an insured by serving process on the Secretary of State, who, under New York corporate and, limited liability company law, is the insured's agent...

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