Motion to Dismiss Granted for Attorney, Caroline Hock

Caroline Hock successfully moved for dismissal of all claims against our client, a construction company, in a suit brought in the Southern District of New York. A third-party action was brought against our client, stemming from an interpleader action to determine the proper disbursement of insurance policy proceeds after a fire loss that was allegedly caused by our client. In the third-party action, the third-party Plaintiff sought damages for indemnity, contribution, and breach of contract.  The Court, dismissing the claims in their entirety, held that a third-party action against our client was not permissible, as our client was not an adverse claimant to the insurance funds.  The Court held that third-party Plaintiff was asking the Court to address issues were outside the scope of jurisdiction granted by 28 U.S.C. § 1335.



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