Keller Foundations, LLC et al v. Zurich American Insurance Company, No. 1:2016cv06751 - Document 26 (S.D.N.Y. 2017)

Court Description: OPINION AND ORDER. For the foregoing reasons, the Court dismisses the Complaint in its entirety for failure to state a claim. This dismissal is without prejudice to plaintiffs' right to re-plead claims against Zurich arising out of the facts and circumstances at issue, should facts now known or that later develop support such claims. The Clerk of Court is thus respectfully directed to terminate the motion pending at Dkt. 14 and to close this case. SO ORDERED. re: 14 MOTION to Dismiss filed by Zurich American Insurance Company. (Signed by Judge Paul A. Engelmayer on 5/4/2017) (rjm)