This case was last updated from U.S. District Courts on 05/04/2021 at 08:23:39 (UTC).

Liberty Mutual Fire Insurance Company v. JDS Construction Group LLC et al

Case Summary

On March 5, 2021, Liberty Mutual Fire Insurance Company ("Liberty Mutual" or Plaintiff), represented by Marshall Todd Potashner of Jaffe & Asher LLP filed a contract lawsuit for specific performance against JDS Construction Group LLC ("JDS Construction"), JDS Construction Services LLC ("JDS Services"), 111 West 57th Developer LLC ("Developer"), PMG West 57th Street LLC ("PMG") and others (collectively, “Defendants”), seeking specific performance and costs of litigation among other reliefs for failing to deposit the necessary funds into the Pre-Funded Deductible Program with Liberty Mutual. This case was filed in U.S. District Court in the Southern District of New York with Judge Jesse M. Furman presiding. 

In its complaint, Plaintiff stated that “On or about August 25, 2014, at the special insistence and request of JDS Construction, Liberty Mutual issued a Commercial General Liability policy, No. T82-621-094668-024, with a policy period from August 25, 2014 to August 25, 2017, to JDS Construction as the first Named Insured (the "CGL Policy"). At the special insistence and request of JDS Construction, an endorsement was issued changing the policy period of the CGL Policy to be from August 25, 2014 to January 10, 2021. Pursuant to an endorsement entitled "Deductible - Damages and Supplementary Payments Damages Within the Deductible Erode the Policy Limits" (the Deductible Endorsement"), the CGL Policy is subject to a Deductible Amount of $3 million for "Bodily Injury and Property Damage Liability, Personal and Advertising Injury Liability, Medical Payments and Supplementary Payments."

Plaintiff further alleged that “On or about August 25, 2014, to secure payment of its deductible obligations under the CGL Policy, the 2014-2017 WC Policy, the 2017-2020 WC Policy, and the 2020-2021 WC Policy (collectively, "the Deductible Policies"), and in connection with the issuance and anticipated issuance of the Deductible Policies, defendants, collectively known as "JDS Construction CCIP", and Liberty Mutual entered into a Pledge and Security Agreement For Guarantee Of Deductibles and/ or Loss Limit Reimbursement #8344 (the "Pledge Agreement").” and even further that “The Pledge Agreement was and is an essential part of the insurance arrangement Liberty Mutual entered into with defendants; its intent was to avoid any collectability risk associated with the deductibles under the Deductible Policies for Liberty Mutual. As a result of defendants' failure and refusal to provide the security agreed to pursuant to the Pledge Agreement, Liberty Mutual is entitled to specific performance of defendants' obligations and an Order requiring defendants to deposit the requisite security with Liberty Mutual into the Pre-Funded Deductible Program.”

The only claim for relief laid down by the Plaintiff is that Defendants failed and refused to deposit the necessary funds into the Pre-Funded Deductible Program with Liberty Mutual to bring their deposited cash up to the required Balance.

In its prayer for relief, the Plaintiff requested the court to pass an order declaring and determining that Plaintiff is entitled to specific performance of the Pledge Agreement and ordering Defendants to deposit additional cash collateral with Plaintiff along with costs of litigation. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-01931

  • Filing Date:

    03/05/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

Judge Details

Presiding Judge

Jesse M. Furman

 

Party Details

Plaintiff and Counter Defendant

Liberty Mutual Fire Insurance Company

Defendants and Counter Claimants

111 West 57th Developer LLC

JDS Construction Group LLC

PMG West 57th Street LLC

111 Construction Manager LLC

111 West 57th Property Owner LLC

JDS Construction Services LLC

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorney

Marshall Todd Potashner

Defendant and Counter Claimant Attorney

Andrew N. Bourne

 

Court Documents

#29

#28

#27

#26

#25

#24

#23

#22

#21

#9

#8

#7

#6

#5

#4

#3

#2

17 More Documents Available
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Docket Entries

  • 05/03/2021
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  • Docket(#29) ORDER granting #28 Letter Motion for Extension of Time to Answer re #28 CONSENT LETTER MOTION for Extension of Time to File Answer re: #26 Answer to Complaint,, Counterclaim, addressed to Judge Jesse M. Furman from Marshall T. Potashner dated May 3, 2021., #26 Answer to Complaint,, Counterclaim. Application GRANTED. The Clerk of Court isdirected to terminate ECF No. 28. ( Liberty Mutual Fire Insurance Company answer due 5/22/2021.) (Signed by Judge Jesse M. Furman on 5/3/2021) (rro) (Entered: 05/03/2021)

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  • 05/03/2021
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  • Docket(#28) CONSENT LETTER MOTION for Extension of Time to File Answer re: #26 Answer to Complaint,, Counterclaim, addressed to Judge Jesse M. Furman from Marshall T. Potashner dated May 3, 2021. Document filed by Liberty Mutual Fire Insurance Company..(Potashner, Marshall) (Entered: 05/03/2021)

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  • 04/16/2021
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  • Docket(#27) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 111 Construction Manager LLC, 111 West 57th Developer LLC, 111 West 57th Property Owner LLC, JDS Construction Group LLC, JDS Construction Services LLC, PMG West 57th Street LLC..(Bourne, Andrew) (Entered: 04/16/2021)

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  • 04/16/2021
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  • Docket(#26) ANSWER to #1 Complaint,., COUNTERCLAIM against Liberty Mutual Fire Insurance Company. Document filed by 111 Construction Manager LLC, 111 West 57th Developer LLC, JDS Construction Services LLC, 111 West 57th Property Owner LLC, JDS Construction Group LLC, PMG West 57th Street LLC..(Bourne, Andrew) (Entered: 04/16/2021)

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  • 04/02/2021
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  • Docket(#25) AFFIDAVIT OF SERVICE of Summons and Complaint,. JDS Construction Services LLC served on 3/24/2021, answer due 4/16/2021. Service was accepted by Nancy Dougherty AUTHORIZED AGENT in the Office of the Secretary of State. Document filed by Liberty Mutual Fire Insurance Company..(Potashner, Marshall) (Entered: 04/02/2021)

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  • 04/02/2021
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  • Docket(#24) AFFIDAVIT OF SERVICE of Summons and Complaint,. 111 Construction Manager LLC served on 3/24/2021, answer due 4/16/2021. Service was accepted by Nancy Dougherty AUTHORIZED AGENT in the Office of the Secretary of State. Document filed by Liberty Mutual Fire Insurance Company..(Potashner, Marshall) (Entered: 04/02/2021)

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  • 03/30/2021
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  • Docket(#23) ORDER granting #22 Letter Motion for Extension of Time to Answer re #22 LETTER MOTION for Extension of Time to File Answer or otherwise addressed to Judge Jesse M. Furman from Andrew N. Bourne dated March 29, 2021., #1 Complaint. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 22. SO ORDERED. (All Defendants.) (Signed by Judge Jesse M. Furman on 3/30/21) (yv) (Entered: 03/30/2021)

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  • 03/29/2021
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  • Docket(#22) LETTER MOTION for Extension of Time to File Answer or otherwise addressed to Judge Jesse M. Furman from Andrew N. Bourne dated March 29, 2021. Document filed by 111 Construction Manager LLC, 111 West 57th Developer LLC, 111 West 57th Property Owner LLC, JDS Construction Group LLC, JDS Construction Services LLC, PMG West 57th Street LLC..(Bourne, Andrew) (Entered: 03/29/2021)

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  • 03/19/2021
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  • Docket(#21) AFFIDAVIT OF SERVICE of Summons and Complaint,. PMG West 57th Street LLC served on 3/12/2021, answer due 4/2/2021. Service was accepted by Nancy Dougherty, AUTHORIZED AGENT in the Office of the Secretary of State of the State of New York. Document filed by Liberty Mutual Fire Insurance Company..(Potashner, Marshall) (Entered: 03/19/2021)

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  • 03/19/2021
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  • Docket(#20) AFFIDAVIT OF SERVICE of Summons and Complaint,. 111 West 57th Property Owner LLC served on 3/12/2021, answer due 4/2/2021. Service was accepted by Nancy Dougherty, AUTHORIZED AGENT in the Office of the Secretary of State of the State of New York. Document filed by Liberty Mutual Fire Insurance Company..(Potashner, Marshall) (Entered: 03/19/2021)

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14 More Docket Entries
  • 03/08/2021

  • Docket***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Marshall Todd Potashner. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (sj) (Entered: 03/08/2021)

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  • 03/05/2021
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  • Docket(#9) FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Liberty Mutual Fire Insurance Company..(Potashner, Marshall) Modified on 3/11/2021 (lb). (Entered: 03/05/2021)

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  • 03/05/2021
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  • Docket(#8) CIVIL COVER SHEET filed..(Potashner, Marshall) (Entered: 03/05/2021)

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  • 03/05/2021
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  • Docket(#7) REQUEST FOR ISSUANCE OF SUMMONS as to 1 1 1 Construction Manager LLC, re: #1 Complaint,. Document filed by Liberty Mutual Fire Insurance Company..(Potashner, Marshall) (Entered: 03/05/2021)

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  • 03/05/2021
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  • Docket(#6) REQUEST FOR ISSUANCE OF SUMMONS as to 1 1 1 West 57th Developer LLC, re: #1 Complaint,. Document filed by Liberty Mutual Fire Insurance Company..(Potashner, Marshall) (Entered: 03/05/2021)

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  • 03/05/2021
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  • Docket(#5) REQUEST FOR ISSUANCE OF SUMMONS as to JDS CONSTRUCTION GROUP LLC, re: #1 Complaint,. Document filed by Liberty Mutual Fire Insurance Company..(Potashner, Marshall) (Entered: 03/05/2021)

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  • 03/05/2021
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  • Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS as to JDS Construction Services LLC, re: #1 Complaint,. Document filed by Liberty Mutual Fire Insurance Company..(Potashner, Marshall) (Entered: 03/05/2021)

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  • 03/05/2021
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  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to PMG West 57th Street LLC, re: #1 Complaint,. Document filed by Liberty Mutual Fire Insurance Company..(Potashner, Marshall) (Entered: 03/05/2021)

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  • 03/05/2021
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  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS as to 111 West 57th Property Owner LLC, re: #1 Complaint,. Document filed by Liberty Mutual Fire Insurance Company..(Potashner, Marshall) (Entered: 03/05/2021)

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  • 03/05/2021
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  • Docket(#1) COMPLAINT against 111 Construction Manager LLC, 111 West 57th Developer LLC, 111 West 57th Property Owner LLC, JDS Construction Group LLC, JDS Construction Services LLC, PMG West 57th Street LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-24210508)Document filed by Liberty Mutual Fire Insurance Company. (Attachments: #1 Exhibit A - Pledge Agreement).(Potashner, Marshall) (Entered: 03/05/2021)

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