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FIDELITY & GUAR. INS. UNDERWRITERS, INC. v. JASAM REALTY CORP.

Docket Nos. 06-4738-cv, 06-4741-cv.

540 F.3d 133 (2008)

FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., Plaintiff-Appellee, v. JASAM REALTY CORP. and Crotona Properties, Inc., Defendants-Cross-Claimants-Appellants, Surre, Goldberg & Henry Associates, Inc., Defendant-Cross-Defendant-Appellant, Jose Rodriguez and Alice Rodriguez, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: August 26, 2008.

Attorney(s) appearing for the Case

Norman Kaplan, Great Neck, NY, for Defendants-Cross-Claimants-Appellants.

Howard Cohen, Saretsky Katz Dranoff & Glass LLP (Patrick J. Dellay, of counsel), New York, NY, for Defendant-Cross-Defendant-Appellant.

Lorin Donnelly, Milber Makris Plousadis & Seiden LLP, Woodbury, NY, for Defendants-Appellants.

Megan Vesely, DLA Piper U.S. LLP (Robin C. Tarr, Joseph G. Finnerty, Jr., of counsel), New York, NY, for Plaintiff-Appellee.

Before: CABRANES, POOLER, and SACK, Circuit Judges.

SACK, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Eastern District of New York (Leonard D. Wexler, Judge), following a jury trial, declaring, among other things, that plaintiff-appellee Fidelity and Guaranty Insurance Underwriters, Inc., ("Fidelity") has no duty to defend or indemnify defendants-appellants Jasam Realty Corp. ("Jasam") and Crotona Properties Inc. ("Crotona") in connection with a personal injury...

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