Commercial Litigation and Arbitration

Federal Court of Appeals Is Bound by Decisions of State Intermediate Appellate Courts Absent Persuasive Evidence The State’s Highest Court Would Reach a Different Decision

Sanchez v. Clipper Realty, Inc., 2023 U.S. App. LEXIS 29283 (2d Cir. Nov. 3, 2023) (unpublished):

"We are bound, as was the district court, to apply the law as interpreted by New York's intermediate appellate courts . . . unless we find persuasive evidence that the New York Court of Appeals, which has not ruled on this issue, would reach a different conclusion." Pahuta v. Massey-Ferguson, Inc., 170 F.3d 125, 134 (2d Cir. 1999).

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