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.
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.