Legal Opinion
J.T. Magen & Co. v. Allen Edmonds Corp.
District Court, S.D. New York
Decided June 26, 2017No. 15 Civ. 8620 (LLS)Published
1Opinion of the Court
OPINION & ORDER
LOUIS L. STANTON, U.S.D.J.
Allen Edmonds Corp. (“Allen Ed-monds”) moves, pursuant to Fed. R. Civ. *483P. 56, for summary judgment in its favor and to dismiss with prejudice J.T. Magen & Company, Inc.’s (“JT”) complaint. For the reasons that follow, the motion is denied.
Plaintiff. JT and non-party Swenson Construction Company (“Swenson”) were retained to carry out the general construction work at a store belonging to Allen Edmonds. The dispute is over which one was the general contractor. JT claims Swenson was acting as Allen Edmonds’ agent, and JT as its general contractor. Allen…
2Cases cited19 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- EBC I, Inc. v. Goldman, Sachs & Co.New York Court of Appeals · 2005
- Leibowitz v. Cornell UniversityCourt of Appeals for the Second Circuit · 2009
- Mid-Hudson Catskill Rural Migrant Ministry, Inc., Plaintiff-Appellant-Cross-Appellee v. Fine Host Corporation, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 2005
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