Nippon Fire & Marine Insurance Company, Ltd., Plaintiff-Appellee-Cross-Appellant v. M v. Egasco Star, Egypt Azov Shipping Co., Defendant-Appellant-Cross-Appellee

104 F.3d 351, 1996 U.S. App. LEXIS 37776

• Court: Court of Appeals for the Second Circuit
• Decided: October 21, 1996
• Docket: 96-7441
• Status: Unpublished

Opinion

104 F.3d 351

NOTICE: THIS SUMMARY ORDER MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY, BUT MAY BE CALLED TO THE ATTENTION OF THE COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA. SEE SECOND CIRCUIT RULE 0.23.
NIPPON FIRE & MARINE INSURANCE COMPANY, LTD.,
Plaintiff-Appellee-Cross-Appellant,
v.
M.V. EGASCO STAR, Defendant,
EGYPT AZOV SHIPPING CO., Defendant-Appellant-Cross-Appellee.

Nos. 96-7441(L), 96-7481(XAP).

United States Court of Appeals, Second Circuit.

Oct. 21, 1996.

Appeal from the United States District Court for the Southern District of New York (Chin, Judge).

Appearing for Appellant: Joseph F. De May, Jr., Cichanowicz, Callan & Keane, New York, New York.

Appearing for Appellee: David T. Maloof, Maloof & Browne, New York, New York.

S.D.N.Y.

AFFIRMED.

Present Honorable GRAAFEILAND, Honorable WINTER and Honorable ALTIMARI, Circuit Judges.

This cause came on to be heard on the transcript of record from the United States District Court for the Southern District of New York and was argued.

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is hereby affirmed.

Egypt Azov Shipping Co. appeals from Judge Chin's entry of a default judgment against them for their failure to comply with his discovery orders. We affirm for substantially the reasons set forth in Judge Chin's opinions. Nippon Fire & Marine Ins. Co. v. M.V. Egasco Star, 94 Civ. 6813(DC) (S.D.N.Y. Mar. 14, 1996); Nippon Fire & Marine Ins. Co. v. M.V. Egasco Star, 94 Civ. 6813(DC) (S.D.N.Y. Feb. 20, 1996); see also Nippon Fire & Marine Ins. Co. v. M.V. Egasco Star, 899 F.Supp. 164 (S.D.N.Y.1995).

Because we affirm, we dismiss plaintiff's cross-appeal, Docket No. 96-7481, as moot.

A mandate shall issue forthwith.