Young Men's Christian Association of Plattsburgh v. Philadelphia Indemnity Insurance Company
||Young Men's Christian Association of Plattsburgh
||Philadelphia Indemnity Insurance Company
||May 11, 2018
||US District Court for the Northern District of New York
||Lawrence E. Kahn
||Daniel J. Stewart
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 1441
|Jury Demanded By:
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|November 30, 2018
MEMORANDUM-DECISION AND ORDERED, that the Motion to Dismiss is GRANTED as to Plaintiffs following claims and forms of relief, which are DISMISSED without prejudice: (1) declaratory relief claim regarding the Employer Contribution owed by Plaintiff to the YMCA Retirement Fund; (2) bad faith coverage denial claim; (3) unfair trade practices claim under G.B.L. § 349; (4) punitive damages; (5) triple damages up to $1000; (6) attorneys fees; (7) reimbursement for loss of good will; and (8) reimbursement of expenses; and it is further ORDERED, that the Motion to Dismiss is also GRANTED as to Plaintiffs unfair trade practices claim under Insurance Law § 2601, which is DISMISSED with prejudice; and it is further ORDERED, that the Motion to Dismiss is DENIED as to Plaintiffs declaratory relief claim regarding the Employee Contribution. Signed by Senior Judge Lawrence E. Kahn on November 30, 2018. (sas)
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