Carpetland, U.S.A. v. J.L. Adler Roofing, Inc.

MEMORANDUM OPINION AND ORDER

GETZENDANNER, District Judge:

Carpetland, U.S.A., brings this diversity action seeking damages in the amount of $215,714.16 allegedly incurred as a result of defendant’s attempts to repair plaintiff’s roof. Defendant claims that in the course of discovery it was revealed that of the $215,714.16 alleged as damages, only $2,500 represents damages allegedly sustained by plaintiff. The balance is said to represent the amount that Affiliated FM (“FM”), plaintiff’s insurer, has paid to plaintiff for the loss sustained. Plaintiff admits that FM is its insurer and that FM…