THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Plaintiff,
v.
KRAFT POWER CORPORATION, f/k/a W.A. KRAFT CORP., AMERICAN EMPLOYERS' INSURANCE COMPANY, COMMERCIAL UNION INSURANCE COMPANY n/k/a ONEBEACON AMERICAN INSURANCE COMPANY. CRUM & FORSTER. UNITED ST ATES FIRE INSURANCE COMPANY, EGERTON-WALLACE ASSOCIATES, INC. f/k/a CHILD SAVORY-HAWARD, INC. f/k/a SAVORY-HAWARD INSURANCE AGENCY, INC., WILlIAM GALLAGHER ASSOCIATES INSURANCE AGENCY, INC., Defendants.
United States District Court, S.D. New York.https://leagle.com/images/logo.png
March 13, 2012.
March 13, 2012.
Attorney(s) appearing for the Case
Nicea J. D'Annunzio , Hardin, Kundla, McKeon, Poletto & Polifroni, P.A.(NJ) representing KRAFT Power Corporation (Defendant), Pro Hac Vice.
Stephen Joe Donahue , Hardin, Kundla, McKeon, Poletto, PA representing KRAFT Power Corporation (Defendant).
Stephen Joe Donahue , Hardin, Kundla, McKeon, Poletto, PA representing The Port Authority of New York and New Jersey (Plaintiff).
Theodore Eder , Segal McCambridge Singer & Mahoney, Ltd. representing The Port Authority of New York and New Jersey (Plaintiff).
Christian Holt Gannon , Segal McCambridge Singer & Mahoney, Ltd. representing The Port Authority of New York and New Jersey (Plaintiff).
David Solomon Kostus , Segal McCambridge Singer & Mahoney, Ltd representing The Port Authority of New York and New Jersey (Plaintiff).
Kenneth Michael Labbate , Mound Cotton Wollan & Greengrass (NYC) representing William Gallagher Associates Insurance Agency, Inc. (Defendant).
Cynthia Lee , Hardin, Kundla, McKeon & Poletto, P.A. representing KRAFT Power Corporation (Defendant), Pro Hac Vice.
Wynstelle Simone Nicholson , Segal McCambridge Singer & Mahoney, Ltd. representing The Port Authority of New York and New Jersey (Plaintiff).
Justin Brent Perri , Steptoe & Johnson, LLP (NYC) representing American Employers' Insurance Company (Defendant) & Commercial Union Insurance Company (Defendant).
Sanjit Shah , Mound Cotton Wollan & Greengrass (NYC) representing William Gallagher Associates Insurance Agency, Inc. (Defendant).
United States District Court, S.D. New York.
OPINION & ORDER
HAROLD BAER, Jr., District Judge.
Before the Court is a motion to dismiss the Amended Complaint pursuant to Rule 12(b)(3) of the Federal Rules of Civil Procedure. The Port Authority of New York and New Jersey ("PA") seeks declaratory judgment regarding its rights and Kraft Power Corporation's ("Kraft") obligations under the contracts between them.1 For the following reasons, the motion to dismiss is denied...
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