Docket No. 10-4892-CV.

681 F.3d 103 (2012)

USAA CASUALTY INSURANCE CO., as subrogee of Robert Adelman, Plaintiff-Appellee, v. PERMANENT MISSION OF the REPUBLIC OF NAMIBIA, Defendant-Appellant, Ryback Development, Inc., Federation Development Corp., Defendants.

United States Court of Appeals, Second Circuit.

Decided: May 25, 2012.

Attorney(s) appearing for the Case

Robert William Phelan , Cozen O'Connor, New York, NY, for Plaintiff-Appellee USAA Casualty Insurance Co.

Jay M. Levin ( Carolyn P. Short , on the brief), Reed Smith LLP, Philadelphia, PA, for Defendant-Appellant Permanent Mission of the Republic of Namibia.

Before: CABRANES and WESLEY, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

The question presented is whether the Permanent Mission of the Republic of Namibia to the United Nations ("the Mission" or "Permanent Mission") may be sued for the damage to an adjoining property caused by its alleged failure to comply with the New York City Building Code ("the Building Code").2 The Mission brings this interlocutory appeal from a November...

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