Kiss v. Clinton Green North, LLC
- Lorna Schofield
- 1:17-cv-10029
- U.S. District Court · Southern District of New York
- 2
In Kiss v. Clinton Green North, LLC, Judge Schofield denied Judy Painting’s summary-judgment motion on a contractual indemnity claim without prejudice to renewal.
Judy Painting Corp. must continue to face Clinton Green North, LLC’s contractual indemnity claim for now, and the order leaves open the possibility of renewing the summary-judgment motion later.
What happened
In Kiss v. Clinton Green North, LLC, Judy Painting asked the court to grant summary judgment dismissing Clinton Green North’s contractual indemnity claim against it. The order states that an earlier opinion did not address this motion.
The court had also denied, without prejudice to renewal, a request by Clinton Green North and other defendants to file a summary-judgment motion on the same indemnity claim. The order does not explain the parties’ underlying dispute or the legal arguments on the claim.
Judge Lorna G. Schofield denied Judy Painting’s motion for summary judgment without prejudice to renewal at a later date.
The detailed version
- Kiss v. Clinton Green North, LLC · No. 1:17-cv-10029
- Lorna Schofield
- July 24, 2020
Background
The order concerns a third-party contractual indemnity claim brought by Clinton Green North, LLC against Judy Painting Corp. Contractual indemnity generally concerns one party’s alleged obligation to cover specified losses or liabilities of another party, but this order does not describe the contract’s terms.
On July 23, 2020, the Court issued an earlier opinion denying Tibor Kiss’s motion for summary judgment and granting in part and denying in part Judy Painting’s motion for summary judgment. The order states that the earlier opinion did not address Judy Painting’s motion for summary judgment seeking dismissal of Clinton Green North’s third-party contractual indemnity claim.
Other Filing
Clinton Green North, LLC, along with Clinton Green North, LLC, Dermot Clinton Green, LLC, and AvalonBay Communities, Inc., had requested permission to file a summary-judgment motion on the contractual indemnity claim. The Court denied that request without prejudice to renewal at a later time.
Ruling
Judge Lorna G. Schofield ordered that Judy Painting’s motion for summary judgment seeking dismissal of Clinton Green North, LLC’s contractual indemnity claim is DENIED without prejudice to renew at a later date. The order does not state the Court’s reasoning or decide the merits of the contractual indemnity claim.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.