American Manufacturers Mutual Insurance v. Payton Lane Nursing Home, Inc.

MEMORANDUM AND ORDER

A. KATHLEEN TOMLINSON, United States Magistrate Judge.

I. Preliminary Statement

This decision concerns the second of three summary judgment motions filed in this action, namely, Plaintiffs’ Motion for Partial Summary Judgment [DE 162] seeking dismissal of Defendant’s second counterclaim for liquidated damages in the amount of $3,816,123.00. The parties’ dispute arises out of the construction of a 280-bed nursing home in Southampton, New York.

In support of their motion, Plaintiffs American Manufacturers Mutual Insurance Company and American Motorists Insurance Company…