Sphere Drake Insurance v. P.B.L. Entertainment, Inc.
Opinion of the Court
ORDER
In our original decision in this matter, dated July 19, 1994, we relied upon the case
Because the New York Court of Appeals on February 9, 1995 reversed the Appellate Division First Department’s holding, see 85 N.Y.2d 821, 623 N.Y.S.2d 834, 647 N.E.2d 1342 (1995), we must of necessity reverse our own. See Erie R.R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). Accordingly, we vacate and withdraw our July 19th decision and in place thereof, we affirm in toto the judgment of the district court under appeal.
Reference
- Full Case Name
- SPHERE DRAKE INSURANCE COMPANY v. P.B.L. ENTERTAINMENT, INC., individually and t/a Archies and/or P.B.L. Entertainment d/b/a Industry 50 Broadway, Ltd. & Philip Basile, Paul Shalsinger & Ronald Escobar
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- 1 case
- Status
- Published