NorGUARD Ins. Co. v. APEX Design & Construction Corp.

Decision and Order on Motion to Dismiss Counterclaims

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NorGuard Insurance Company ("NorGuard"), the plaintiff in this action is an insurance carrier suing for the collection of alleged earned premium due. Defendant Apex Design and Construction Corp. ("Apex"), counter-claims under the federal Racketeer Influenced and Corrupt Organizations Act ("RICO," codified in 18 U.S.C. §§ 1961-1968) and for fraudulent billing practices. Plain-tiff moves to dismiss the counterclaims based upon documentary evidence and for failure to state a cause of action. Defendant opposes the motion and cross moves to amend the answer to assert the affirmative defense of lack of in personam jurisdiction and to dismiss the un-derlying action, pursuant to CPLR 3211(a)(8). Plaintiff NorGuard opposes the cross-motion.

Holding: The plaintiff's motion to dismiss the counterclaims is granted. The defendant's cross-motion to amend the answer to assert lack of in personam jurisdiction and to dismiss the complaint is denied.

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Reference Info:Decision | State, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Brandon L. Sipple, Finazzo, Cossolini, O'Leary, Meola & Hager, LLC | Attorney Advertising

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