(concurring):
I concur in the result and join Judge Cardamone’s opinion, except for Part II-B as to which I express no opinion. I decline to enter into the discussion between my colleagues about Glanzer v. Shepard, 233 N.Y. 236, 135 N.E. 275 (1922) and whether or not there was notice in this case. In my view of diversity cases, the federal court should say no more than it has to about state law, and I agree with Judge Pratt that Part II-B of the opinion is “unnecessary.”