Stoncor Group, Inc. v. Peerless Insurance Company

Filing 131

ORDER granting in part and denying in part 108 Motion to Dismiss; denying 108 MOTION to Dismiss, MOTION to Strike, filed by Peerless Insurance Company; granting in part and denying in part 111 Motion to Dismiss; denying 111 Motion to Strike docket entry and document 108 MOTION to Dismiss MOTION to Strike filed by Peerless Insurance Company, 111 AMENDED MOTION to Dismiss, MOTION to Strike, filed by Peerless Insurance Company. Defendant's motion, as amended, to dismiss the amended complaint (Dkts 108, 111) is granted to the extent that the first cause of action is dismissed and denied in all other respects, and plaintiffs' request for leave to amend is denied, all substantially for the reasons set forth in the Report and Recommendation of Magistrate Judge Gabriel W. Gorenstein. Defendant's objections are overruled. While defendant claims that plaintiff Stoncor Group's remaining cause of action for breach of contract al so should be dismissed because it has conceded that it has not suffered any damages, it cites no authority for that proposition. The amended complaint alleges that both plaintiffs sustained damages. Accordingly, there is no basis before the Court on which to sustain defendant's objection. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/23/2021) (va)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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SDNY

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, C:UMENT

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STONCOR GROUP, INC. , et ano.,

DOC fl;

,._,: I RO, ,C:•LLY FILE D

DATE

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Plaintiffs,

16-cv-4574 (LAK)

-against-

PEERLESS INSURANCE COMPANY,
Defendant.

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ORDER

LEWIS

A. KAPLAN, District Judge.

Defendant's motion, as amended, to dismiss the amended complaint (Dkts 108, 111)
is granted to the extent that the first cause of action is dismissed and denied in all other respects, and
plaintiffs' request for leave to amend is denied, all substantially for the reasons set forth in the
Report and Recommendation of Magistrate Judge Gabriel W. Gorenstein. Defendant's objections
are overruled. While defendant claims that plaintiff Stoncor Group's remaining cause of action for
breach of contract also should be dismissed because it has conceded that it has not suffered any
damages, it cites no authority for that proposition. The amended complaint alleges that both
plaintiffs sustained damages. Accordingly, there is no basis before the Court on which to sustain
defendant's objection.
SO ORDERED.
Dated:

June 23, 2021