Legal Opinion
Town of Huntington v. American Manufacturers Mutual Insurance
District Court, E.D. New York
Decided May 3, 2010No. CV 09-3232PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM AND ORDER
WEXLER, District Judge.
The Town of Huntington (the “Town”) commenced this action against Defendant American Manufacturers Mutual Insurance Company (“AMICC”), alleging breach of two separate construction performance surety bonds, and breach of a state court “so ordered” settlement agreement. AMICC moves to dismiss the complaint, pursuant to Rule 12(b)(6) and (7) of the Federal Rules of Civil Procedure on the grounds of res judica-ta, and failure to name a necessary party. For the reasons set forth below, the motion is granted.
BACKGROUND
I. The Parties and Prior Proceedings
AMI…
2Cases cited9 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Conley v. GibsonSupreme Court of the United States · 1957
- Provident Tradesmens Bank & Trust Co. v. PattersonSupreme Court of the United States · 1968
- Kramer v. Time Warner IncCourt of Appeals for the Second Circuit · 1991
- Brass v. American Film Technologies, Inc.Court of Appeals for the Second Circuit · 1993
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3Cited by1 opinion
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