Nippon Fire & Marine Insurance Company, Ltd. v. M v. Egasco Star, Egypt Azov Shipping Co.

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.

1

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.

2

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

3

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).

4

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

5

A mandate shall issue forthwith.