Southwest Marine and General Insurance Company et al v. Main Street America Assurance Company

Filing 7

ORDER: According to the complaint, the acts and omissions giving rise to the underlying action, Godo De La Cruz v. Cum Laude Group, Inc., No. 68562/2017 (Sup. Ct. Westchester County), took place in Westchester County. The complaint also alleges th at defendant failed to honor its contractual obligation to provide a defense and indemnification to plaintiff Cum Laude Group, Inc., in connection with the underlying action. However, the complaint alleges defendant is a citizen of Florida, and that both plaintiffs maintain their principal places of business in New York, NY. Therefore, from the face of the complaint, it is not clear whether the claim in the instant action arose in whole or in major part in the Northern Counties, and it is al so not clear that "at least one of the parties" to this action resides in the Northern Counties. Accordingly, this case may have been improperly designated for assignment to the White Plains courthouse. By April 7, 2021, defendant' s counsel is directed to submit a letter to the Court either explaining why the case is properly designated for assignment to White Plains under Rule 18 or acknowledging that the case should be transferred to Manhattan. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/31/2021) (mml)

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