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Regions Bank v. Wieder

United States Court of Appeals, Second Circuit
Feb 29, 2008
268 F. App'x 17 (2d Cir. 2008)

Opinion

No. 06-1868-cv.

February 29, 2008.

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

ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED AND DECREED that the judgment of the district court is AFFIRMED.

Thomas J. McNamara, Certilman, Balin Adler Hyman, LLP, East Meadow, NY, for Appellant.

Neil W. Silberblatt, Steinberg Cavaliere, LLP, White Plains, NY, for Appellees.

PRESENT: Hon. PIERRE N. LEVAL, Hon. ROBERT A. KATZMANN, Circuit Judges, Hon. CHARLES L. BRIEANT, District Judge.

The Honorable Charles L. Brieant, United States District Judge for the Southern District of New York, sitting by designation.


SUMMARY ORDER

Plaintiff Regions Bank appeals from the judgment of the United States District Court for the Southern District of New York (Conner, J.), granting summary judgment in favor of defendant Wieder Mastroianni on Regions Bank's claim of conversion. On November 1, 2007, 253 Fed.Appx. 52, this panel remanded to the district court, under United States v. Jacobson, 15 F.3d 19, 22 (2d Cir. 1994), for clarification whether the district court's judgment had been based on Ohio law, and, if so, whether it would reach the same result applying New York law to the question of Wieder Mastroianni's liability for conversion. Regions Bank v. Wieder Mastroianni P.C., 253 Fed.Appx. 52 (2d Cir. 2007). On remand, in an opinion and order dated November 26, 2007, 526 F.Supp.2d 411, the district court made clear that, under New York law, summary judgment must be granted in favor of Wieder Mastroianni. Regions Bank v. Wieder Mastroianni P.C., 526 F.Supp.2d 411 (S.D.N.Y. 2007).

For the reasons stated by the district court on remand, the judgment of the district court is AFFIRMED.


Summaries of

Regions Bank v. Wieder

United States Court of Appeals, Second Circuit
Feb 29, 2008
268 F. App'x 17 (2d Cir. 2008)
Case details for

Regions Bank v. Wieder

Case Details

Full title:REGIONS BANK d/b/a Regions Funding, Plaintiff-Appellant, v. WIEDER…

Court:United States Court of Appeals, Second Circuit

Date published: Feb 29, 2008

Citations

268 F. App'x 17 (2d Cir. 2008)

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