Broadwall Management Corp. et al v. Affiliated FM Insurance Company, No. 1:2021cv10247 - Document 41 (S.D.N.Y. 2022)

Court Description: OPINION & ORDER re: 26 MOTION to Dismiss Plaintiffs Amended Complaint filed by Affiliated FM Insurance Company. For the foregoing reasons, the Court denies Affiliated's partial motion to dismiss under Rule 12(b)(1), but grant s its motion to dismiss the AC in its entirety under Rule 12(b)(6) for failure to state a breach of contract claim. This ruling is with prejudice. The Court denies plaintiffs' motion to rep lead. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 26 and to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/1/2022) (va) Transmission to Orders and Judgments Clerk for processing.