Legal Opinion

Homeward Residential, Inc. v. Sand Canyon Corp.

District Court, S.D. New York

Decided February 14, 2014No. 12 Civ. 7319 (AT)PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

ANALISA TORRES, District Judge:

In this diversity action, Plaintiff, Homeward Residential, Inc., sues Defendant, Sand Canyon Corporation, for breach of contract and indemnification. Defendant moves to dismiss the amended complaint (the “complaint”) pursuant to Rules 8(a), 9(b), and 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons stated below, Defendant’s motion is GRANTED in part and DENIED in part.

BACKGROUND

The following facts are taken from the complaint and accepted as true for the purposes of this motion. See ATSI Commc’ns, Inc. v. Shaar Fund, Ltd.,…

2Cases cited42 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
  4. ATSI Communications, Inc. v. Shaar Fund, Ltd.Court of Appeals for the Second Circuit · 2007
  5. Lerner v. Fleet Bank, N.A.Court of Appeals for the Second Circuit · 2006

37 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Kortright Capital Partners LP v. Investcorp Inv. Advisers Ltd.District Court, S.D. Illinois · 2018
  2. Ace Securities Corp. Home Equity Loan Trust v. DB Structured Products, Inc.District Court, S.D. New York · 2014
  3. Ameriprise Captive Insurance Company, as subrogee of IDS Property Casualty Insurance Company v. Audatex North America, Inc.District Court, S.D. New York · 2023
  4. Amorosa v. GENERAL ELECTRIC COMPANYDistrict Court, S.D. New York · 2024
  5. Amorosa v. GENERAL ELECTRIC COMPANYDistrict Court, S.D. New York · 2024

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API