Western Waterproofing Company, Inc. v. Zurich American Insurance Company et al

Filing 298

ORDER with respect to 194 Motion to Dismiss. The Excess Insurers' motion to dismiss the crossclaims (Dkt. No. 194) is placed on the Court's suspense calendar pending the First Department's adjudication of the Excess Insurers' appeal of Justice Engoron's May 10, 2022, decision in Starr Indemnity & Liability Company, et al. v Zurich American Insurance Company, Index No. 656346/2020 (N.Y. Sup. Ct. New York Cnty.). The Excess Insurers are directed to notify the Court by letter filed on the ECF when the First Department's decision issues.. (Signed by Judge Colleen McMahon on 8/2/2022) BY ECF TO ALL COUNSEL (kv)

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Case 1:20-cv-03199-CM-BCM Document 298 Filed 08/02/22 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK _________________________________________x 8/2/2022 WESTERN WATERPROOFING COMPANY, INC. D/B/A WESTERN SPECIALTY CONTRACTORS, Plaintiff, v. No. 20-cv-3199 (CM) ZURICH AMERICAN INSURANCE COMPANY, ALLIED WORLD SPECIALTY INSURANCE COMPANY, ALLIED WORLD ASSURANCE COMPANY (U.S.) INC., BDG GOTHAM RESIDENTIAL, LLC, and ZDG, LLC, Defendants, and STARR INDEMNITY & LIABILITY COMPANY, NAVIGATORS INSURANCE COMPANY, PHILADELPHIA INDEMNITY INSURANCE COMPANY and MARKEL AMERICAN INSURANCE COMPANY, Intervening Defendants. _________________________________________x BDG GOTHAM RESIDENTIAL, LLC and ZDG, LLC, Counterclaim Plaintiffs, v. WESTERN WATERPROOFING COMPANY, INC. d/b/a WESTERN SPECIALTY CONTRACTORS, Counterclaim Defendant. _________________________________________x 1 Case 1:20-cv-03199-CM-BCM Document 298 Filed 08/02/22 Page 2 of 2 ORDER McMahon, J.: The Excess Insurers’ motion to dismiss the crossclaims (Dkt. No. 194) is placed on the Court’s suspense calendar pending the First Department’s adjudication of the Excess Insurers’ appeal of Justice Engoron’s May 10, 2022, decision in Starr Indemnity & Liability Company, et al. v Zurich American Insurance Company, Index No. 656346/2020 (N.Y. Sup. Ct. New York Cnty.). The Excess Insurers are directed to notify the Court by letter filed on the ECF when the First Department’s decision issues. Dated: August 2, 2022 __________________________________ U.S.D.J. BY ECF TO ALL COUNSEL 2

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