Broadwall Management Corp. et al v. Affiliated FM Insurance Company

Filing 42

CLERK'S JUDGMENT re: 41 Memorandum & Opinion in favor of Affiliated FM Insurance Company against 10 South LaSalle Owner LLC, 1151 Third Avenue Associates LLC, 250 Park LLC, 257 Park Avenue Associates LLC, 257 Park Avenue South Associates LLC, 257 Park Avenue South Fee Owner LLC, 3601 Turnpike Associates LLC, 370 Seventh Avenue Associates LLC, 488 Madison Avenue Associates LLC, 551 Fifth Avenue Co-Investors LLC, 645 No. Michigan LLC/Nakash TIC, 645 North Michigan LLC, 730 Franklin Building Owner LLC, Broadwall Management Corp., CIC_NY LLC, CP Associates LLC, French Partners LLC, Fulton Green Owner LLC, Fulton Retail LLC, Madison Lasalle Partners LLC, Nakash 645 North Michigan LLC, Nassau Mall Plaza Associates LLC, New York French Building Co-Investors LLC, New York French Soundview LLC, North Sheffield Associates LLC, P200 Payroll, RCGLV 200 W 57 LLC, RCGLV FT 200 W 57 LLC, RP Feil 57 LLC, SPA_NY LLC, Seven Penn Associates LLC. It is hereby ORDERED, ADJUDGED AND DE CREED: That for the reasons stated in the Court's Opinion & Order dated August 1, 2022, the Court has denied Affiliated's partial motion to dismiss under Rule 12(b)(1), but has granted its motion to dismiss the AC in its entirety under R ule 12(b)(6) for failure to state a breach of contract claim. This ruling is with prejudice. The Court has denied plaintiffs' motion to replead; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/1/2022) (Attachments: # 1 Right to Appeal) (km)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------X BROADWALL MANAGEMENT CORP., et al., -against- Plaintiffs, 21 CIVIL 10247 (PAE) JUDGMENT AFFILIATED FM INSURANCE CO., Defendant. -----------------------------------------------------------X It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated August 1, 2022, the Court has denied Affiliated's partial motion to dismiss under Rule 12(b)(1), but has granted its motion to dismiss the AC in its entirety under Rule 12(b)(6) for failure to state a breach of contract claim. This ruling is with prejudice. The Court has denied plaintiffs' motion to replead; accordingly, the case is closed. Dated: New York, New York August 1, 2022 BY: RUBY J. KRAJICK _________________________ Clerk of Court _________________________ Deputy Clerk

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