Avante Contracting Corp. v. Northfield Insurance Company
- Andrew Carter
- 1:23-cv-10842
- U.S. District Court · Southern District of New York
- 2
In Avante Contracting v. Northfield Insurance, Judge Carter requested supplemental briefs on three cases before deciding the parties’ cross-motions for summary judgment.
Avante Contracting Corp., Upland Specialty Insurance Company, and Northfield Insurance Company, whose cross-motions for summary judgment remained pending while the court requested supplemental briefing.
What happened
Avante Contracting Corp. v. Northfield Insurance Company involves cross-motions for summary judgment by the parties, including Avante Contracting Corp., Upland Specialty Insurance Company, and Northfield Insurance Company.
Before ruling on those motions, the court identified three other cases and asked each party to explain whether they affect the arguments in the summary-judgment motions and, if so, how.
Judge Andrew L. Carter, Jr. ordered opening letter briefs by May 30, 2025, and any responses by June 4, 2025. The order did not grant or deny the summary-judgment motions.
The detailed version
- Avante Contracting Corp. v. Northfield Insurance Company · No. 1:23-cv-10842
- Andrew Carter
- May 23, 2025
Background
The court stated that it had received the parties’ cross-motions for summary judgment. A summary-judgment motion asks the court to decide a claim without a trial when the governing standards are satisfied. The opinion does not describe the underlying insurance dispute or the specific arguments in the motions.
Order for Supplemental Briefing
While reviewing the motions and applicable law, the court identified three cases that might affect the parties’ arguments:
- Fidelity & Guaranty Insurance Co. v. Accredited Surety, 2025 U.S. Dist. LEXIS 9173 (S.D.N.Y. Jan. 16, 2025) - Grand Crossing, L.P. v. United States Underwriters Insurance Co., 2007 U.S. Dist. LEXIS 94244 (S.D.N.Y. Dec. 11, 2007) - United States Underwriters Insurance Co. v. United Pacific Associates, LLC, 2006 U.S. Dist. LEXIS 30080 (E.D.N.Y. May 16, 2006)
The court directed each party to file a letter addressing whether those cases affect the arguments presented in the summary-judgment motions and, if so, explaining how. Each letter brief must comply with the court’s individual practices and may not exceed three pages. Opening letter briefs were due May 30, 2025; any responses were due June 4, 2025.
Ruling and Effect
Judge Andrew L. Carter, Jr. ordered supplemental briefing. He did not decide the parties’ cross-motions for summary judgment in this order, and the opinion does not state a final outcome for the underlying dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.