American Manufacturers Mutual Insurance Company et al v. Barry, McTiernan & Moore, No. 1:2009cv08742 - Document 22 (S.D.N.Y. 2010)
Court Description: OPINION: Based on the facts and conclusions set forth above, Plaintiffs' motion for leave to amend is granted. (Signed by Judge Robert W. Sweet on 8/26/2010) (jpo)
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American Manufacturers Mutual Insurance Company et al v. Barry, McTiernan & Moore Doc. 22 'USDCSDNY DOCUMENT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - x AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY and LUMBERMENS MUTUAL CASUALTY COMPANY, ャA]ï¼ï¼®ï¼ºï¼»ï½¾ï¼¾ Plaintiffs, ELECfRONICALLY FILED DOC #: DATE ï½ ï½ ï½¦ï¼¢ï¼ï¼ºï¼§ï½¾ï½ ï½¬ï½©ï½ ï¼ 09 Civ. 8742 against OPINION BARRY, MCTIERNAN & MOORE, Defendant. x A P PEA RAN C E S: At for Plaintiffs HAVKINS ROSENFELD RITZERT & VARRIALE, LLP 1065 Avenue of the Americas, Suite 800 New York, NY 10018 By: Abraham E. Havkins, Esq. WILLIAMS MONTGOMERY & JOHN LTD. 233 South Wacker Drive, Suite 6100 Chicago, IL 60606 By: Michael C. Bruck, Esq. for Defendants FURMAN, KORNFELD & BRENNAN LLP 61 Broadway, 26th Fl. New York, NY 10006 By: Andrew S. Kowlowitz, Esq. Dockets.Justia.com Sweet, D. J. Plaintiffs American Manufacturers Mutual Insurance Company and Lumbermens Mutual Casualty Company (together, the have moved for leave to amend their ï½¾ï½ ï½¬ï½¡ï½©ï½®ï½´ï½¦ï½³ï¼©ï¼ compl to add as defendants several individual attorneys associated with Defendant Barry, McTiernan & Moore (the ï½¾ï½ ï½¥ï½¦ï½®ï½¤ï½¡ï½´ï¼¢ï¼©ï¼®ï¼ below, Upon facts and conclusions set forth aintiffs' motion for leave to amend is granted. Prior Proceedings On October 15, 2009, Plaintiffs filed this action against Defendant, alleging that Defendant committed legal malpract in its representation of Plaintiffs in litigation regarding Plaintiffs' coverage of a construction company that was found liable a fire that caused serious property damage at a synagogue in New York City. The combined judgment against Plaintiffs in the coverage action exceeded $16,000,000. At a pretrial conference in April 2010, Plaintiffs agreed to move for leave to amend their complaint on or before June 21, 2010. On June 21, 2010, rather than submitting a motion to amend, Plaintiffs filed an amended 1 complaint adding as defendants six individual attorneys associated with Defendant. The amended complaint was treated as motion and was marked ly submitted on August 4, 2010. The Motion for Leave to Amend is Granted Rule 15(a) states that leave to amend a pleading "shall be freely given when justice so requires." Leave to amend a complaint pursuant to Rule 15 should not be denied unless there is evidence of undue delay, futility, bad faithl repeated failure to cure deficiencies by amendments previously lowed, or undue prejudice to the nonmovant. See Foman v. Davis, 371 U.S. 178, 18283 (1962) i Burch v. Pioneer Credit Inc. , 551 F.3d 122, 125 (2d Cir. 2008); Milanese v. RustOleum ., 244 F.3d 104, 110 (2d Cir. 2001). In its opposition, Defendant characterizes Plaintiffs' motion to add individual attorneys as "an obvious attempt to pressure and intimidate the Defendant," (Def. Opp. I) and contends that several of the individual attorneys added to the amended complaint are either retired or did not work on the coverage action underlying the instant spute. However, Defendant has offered no evidence 2 of undue delay, futility, bad faith, repeated failure to cure deficiencies by amendments previously prejudice. lowed, or undue See Foman, 371 U.S. at 18283. Defendant cites two cases in support of its contention that the addition of individual attorneys is impermissible. In Cunard Line Ltd. v. Abney, 540 F. Supp. 657, 659 (S.D.N.Y. 1982), the Court noted that "'resort may be had against [individual partners] only if the joint or partnership property is insufficient to pay the firm debts or it appears there can be no effective remedy without resort to individual property.'· Wisnouse v. Tel Id. at 65960 (quoting , 367 F. Supp. 855, 859 (S.D.N.Y. 1973)). In Vets North, Inc. v. Libutti, No. CV017773, 2003 WL 21542554, at *11 12 (S.D.N.Y. Jan. 24, 2003), the Court observed that under New York law, "any judgment recovered by the plaintiff in [an action against a partnership] is entered as a judgment against all of the partners" and that such a judgment will be satisfied out of individual partner assets if "the partnership assets are found to be insufficient to satisfy the obligation." While these cases suggest that adding individual partners may ultimately be redundant, they do not preclude Plaintiffs from adding individual partners and attorneys as defendants. 3 Conclusion Based on the facts and conclusions set forth above, Plaintiffs' motion for leave to amend is granted. It is so ordered. New York, NY August ;,:2.. {;>I 2010 4
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