Kmart Corp. v. Balfour Beatty, Inc.

MEMORANDUM

This matter is before the Court on motion of defendant Balfour Beatty Incorporated ["BBI"] to dismiss on the basis that plaintiff, KMART Corporation ["KMART"] is not an intended third-party beneficiary of a construction contract ["contract"] between BBI and the plaintiff's landlord, Tutu Park Ltd. ["TPL"]. In the event this Court denies the motion and holds that plaintiff is a third-party beneficiary of the contract, BBI has requested that the action be stayed pending enforcement of the contract's arbitration clause. The Court has diversity jurisdiction in this case pursuant to § 22…