Kiss v. Clinton Green North, LLC et al

Filing 199

ORDER: It is hereby ORDERED that Judy Painting's motion for summary judgment seeking dismissal of Clinton Green North, LLC's contractual indemnity claim is DENIED without prejudice to renew at a later date. (As further set fort in this Order.) (Signed by Judge Lorna G. Schofield on 7/24/2020) (cf)

Case 1:17-cv-10029-LGS Document 199 Filed 07/24/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
:
TIBOR KISS,
:
Plaintiff,
:
:
:
-against:
:
CLINTON GREEN NORTH, LLC, et al.,
Defendant. :
------------------------------------------------------------ :
:
CLINTON GREEN NORTH, LLC,
:
Third Party :
Plaintiff,
:
:
-against:
:
:
JUDY PAINTING CORP, et al.,
Third Party :
Defendants. :
------------------------------------------------------------ X

17 Civ. 10029 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, on July 23, 2020, the Court issued an Opinion denying Plaintiff’s motion for
summary judgment, and granting in part and denying in part the motion of Defendant Judy
Painting Corp. (“Judy Painting”) for summary judgment (“the Opinion”). See Kiss v. Clinton
Green North, LLC, et al., 19 Civ. 10027, 2020 WL 4226564 (S.D.N.Y. July 23, 2020);
WHEREAS, the Opinion does not address Judy Painting’s motion for summary judgment
on the Third Party contractual indemnity claim filed by Third Party Clinton Green North, LLC
against Judy Painting;
WHEREAS, Defendants Clinton Green North, LLC, Dermot Clinton Green, LLC, and
AvalonBay Communities, Inc., and Third Party Plaintiff Clinton Green North LLC filed a letter
requesting to file a motion for summary judgment on their contractual indemnity claim against

Case 1:17-cv-10029-LGS Document 199 Filed 07/24/20 Page 2 of 2

Judy Painting. ECF 168. The Court denied this request, without prejudice to renewal at a later
time. ECF 170. It is hereby
ORDERED that Judy Painting’s motion for summary judgment seeking dismissal of
Clinton Green North, LLC’s contractual indemnity claim is DENIED without prejudice to renew
at a later date.

Dated: July 24, 2020
New York, New York