William A. Gross Construction Associates, Inc. v. American Manufacturers Mutual Insurance Company, No. 1:2007cv10639 - Document 421 (S.D.N.Y. 2009)

Court Description: OPINION AND ORDER #97178: For the reasons set forth in this order, fifth party defendants SMI/ADF's motion to dismiss DASNY's indemnification claims (Dkt. No. 321) is DENIED without prejudice as to ADF and moot as to SMI due to DASNY's prior dismissal of all of its claims against SM!. SMI/ADF's motion to dismiss American Casualty's cross-claims (Dkt. No. 375) is granted on consent as to ADF and DENIED without prejudice as to SM!. Strandberg's motion to dismiss RVA&# 039;s sixth-party complaint (Dkt. No. 339) is DENIED without prejudice. After the completion of discovery, SM!, ADF and Strandberg can renew their motions as summary judgment motions. (Signed by Magistrate Judge Andrew J. Peck on 3/5/09) Copies Mailed by ECF.(mme) Modified on 3/6/2009 (mro).