Full Opinion

25-2418-cv (L) McGrath v. Scottsdale Insurance Company UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 2nd day of November, two thousand twenty-six. PRESENT: RAYMOND J. LOHIER, JR., Chief Judge, SUSAN L. CARNEY, SARAH A. L. MERRIAM, Circuit Judges. ------------------------------------------------------------------ PATRICK M. MCGRATH, Defendant-Appellant-Cross-Appellee, v. Nos. 25-2418 (L), 25-2578 (XAP) SCOTTSDALE INSURANCE COMPANY, Plaintiff-Appellee-Cross-Appellant, AH DB KITCHEN INVESTOR LLC, CASTLEGRACE EQUITY INVESTORS, LLC, CRAVEABLE HOSPITALITY GROUP, FKA WATERSHED VENTURES, LLC, Defendants. ------------------------------------------------------------------ FOR DEFENDANT-APPELLANT- LUKE A. MCGRATH, CROSS-APPELLEE: Dunnington, Bartholow & Miller LLP, New York, NY FOR PLAINTIFF-APPELLEE-CROSS- VALERIE D. ROJAS, Cozen APPELLANT: O’Connor, Los Angeles, CA (Juan Luis Garcia, Skarzynski Marick & Black LLP, New York, NY, on the brief), Appeal and cross-appeal from the judgment and orders of the United States District Court for the Southern District of New York (Lewis J. Liman, Judge). We assume the parties’ familiarity with the underlying facts and the extensive record of prior proceedings. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment and orders of the District Court are AFFIRMED. Defendant-Appellant-Cross-Appellee Patrick M. McGrath and Plaintiff- 2 Appellee-Cross-Appellant Scottsdale Insurance Company respectively appeal and cross appeal the District Court’s judgment as well as its prior orders on summary judgment and motions in limine. We affirm for substantially the reasons stated by Judge Liman in his thorough opinions and orders dated December 11, 2020, July 19, 2021, October 17, 2024, and September 2, 2025. We have considered all of the parties’ arguments challenging those orders and conclude that they are without merit. Accordingly, we AFFIRM. FOR THE COURT: Catherine O’Hagan Wolfe, Clerk of Court 3