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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?