Amguard Insurance v. Getty Realty Corp.
District Court, S.D. New York
1Opinion of the Court
OPINION & ORDER
PAUL A. ENGELMAYER, District Judge:
This case involves a claim that trees fell onto a car wash from a neighboring plot of land, causing damage. Pending ip a motion to dismiss by third-party defendant Lewis Tree Service, Inc. (“Lewis”), which was allegedly contracted to inspect and assure the safe condition of the offending trees. Lewis seeks, under Federal Rule of Civil Procedure 12(b)(6), dismissal of the claims against it brought by third-party plaintiffs Getty Realty Corp,, Getty Properties Corp., and Leemilt’s Petroleum (collectively, “Getty”). For the reasons thatfollow;…
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