USCOA,2 No. 112
U.S. Underwriters Insurance Company,
Respondent-Appellant,
v.
City Club Hotel, LLC, Shelby Realty, LLC, Forthright Development, LLC, Metropolitan Hotels, LLC, Stephen Brighenti and Jonathan P. Zambetti,
Appellants-Respondents, and Marek Szpakowski and Agnes Szpakowski,
Respondents.

2004 NY Int. 63

May 11, 2004

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

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Certification of questions by the United States Court of Appeals for the Second Circuit, pursuant to section 500.17 of this Court's Rules of Practice, accepted and the issues presented are to be considered after briefing and argument. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.

Decided May 11, 2004