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Northern Insurance Company of New York v. Point Judith Marina, LLC

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Before Lynch, Chief Judge, Torruella, Circuit Judge, and Ebel, *fn1 Senior Circuit Judge.

After a bench trial, the district court entered judgment for defendant Point Judith Marina (“PJM”) on claims for damages by plaintiff Nicholas Picchione and subrogee- plaintiff Northern Insurance Company of New York (“Northern”). The claims arose as a result of the sudden sinking of a recreational boat (“Eveready”) owned by Northern’s insured, Picchione. The district court also rejected PJM’s counterclaim against Picchione for attorney’s fees based on a slip rental agreement between Picchione and PJM. Each of these parties appeals the unfavorable aspects of the judgment. After careful review, we affirm in all respects.

I. Background

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