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SHCHERBAKOVSKIY v. DA CAPO AL FINE, LTD.

Docket Nos. 05-0394(L); 05-2391(XAP).

490 F.3d 130 (2007)

Grigory SHCHERBAKOVSKIY, Plaintiff-Counter-Defendant-Appellant-Cross-Appellee, v. DA CAPO AL FINE, LTD., Defendant-Counter-Claimant-Appellee-Cross-Appellant, Howard G. Seitz, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 11, 2007.

Attorney(s) appearing for the Case

Eric R. Levine (Stephen L. Weinstein, on the brief), Eiseman, Levine, Lehrhaupt & Kakoyiannis, New York, NY, for Plaintiff-Appellant.

Robert M. Callagy (Aaron M. Zeisler, on the brief), Satterlee Stephens Burke & Burke LLP, New York, NY, for Defendant-Appellee.

Before: WINTER, POOLER, and SOTOMAYOR, Circuit Judges.

WINTER, Circuit Judge.

Grigory Shcherbakovskiy appeals from Judge Brieant's issuance of a default judgment dismissing appellant's complaint and granting appellees' counterclaims, on which a judgment for $1.4 million was entered. Appellant also asks that, if we reverse the default judgment, we rule on the denial of his motions to dismiss one counterclaim as legally insufficient. Defendants cross-appeal, challenging the amount of the damages awarded on the counterclaims...

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