13-3144-cv Sirob Imports, Inc. v. Peerless Ins. Co.

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ASUMMARY ORDER@). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

1 At a stated term of the United States Court of Appeals for the Second Circuit, held at 2 the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New 3 York, on the 6th day of March, two thousand fourteen. 4 5 PRESENT: REENA RAGGI, 6 DENNY CHIN, 7 Circuit Judges, 8 MAE A. D’AGOSTINO, 9 District Judge.* 10 ---------------------------------------------------------------------- 11 SIROB IMPORTS, INC., 12 Plaintiff-Appellant, 13 14 v. No. 13-3144-cv 15 16 PEERLESS INSURANCE COMPANY, 17 Defendant-Appellee. 18 ---------------------------------------------------------------------- 19 APPEARING FOR APPELLANT: MITCHELL J. WINN, Esq., Garden City, 20 New York. 21 22 APPEARING FOR APPELLEES: SCOTT D. STORM, Mura & Storm, 23 PLLC, Buffalo, New York. 24

* The Honorable Mae A. D’Agostino, of the United States District Court for the Northern District of New York, sitting by designation. 1 1 Appeal from a judgment of the United States District Court for the Eastern District

2 of New York (Arthur D. Spatt, Judge).

3 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED,

4 AND DECREED that the judgment entered on August 2, 2013, is AFFIRMED.

5 The parties having agreed at oral argument that the case is now moot in light of

6 Executive Plaza, LLC v. Peerless Insurance Co., — N.Y.2d —, — N.Y.S.2d —,

551251,

(Feb. 13, 2014), the district court’s judgment of

8 dismissal without prejudice is AFFIRMED.

9 FOR THE COURT: 10 CATHERINE O’HAGAN WOLFE, Clerk of Court 11

2