Phoenix Lithographing Corp. v. Bind Rite Services, Inc.

MEMORANDUM

EDUARDO C. ROBRENO, District Judge.

1. INTRODUCTION

Plaintiff Phoenix Lithographing Corporation (“Plaintiff’) brings this negligence and breach of bailment. action against Bind-Rite Services, Inc. (“Defendant”). Plaintiffs complaint pleads two counts: (1) Negligence and (2) Breach of Bailment. Compl., ECF No. 1. Plaintiff alleges that Defendant negligently failed to protect Plaintiffs property, in Defendant’s possession, from Hurricane Sandy, thus causing a significant monetary loss to Plaintiff. Defendant’s answer raises several affirmative defenses including the seventh defense, and…