Common Contracts
1 similar null contracts
MEMORANDUMNovember 15th, 2020
This action arises out of an agreement pursuant to which Plaintiff Constar, Inc. (“Constar”) rented 100,000 square feet of space in the warehouse of Defendant National Distributions Center, Inc. (“NDC”) for storage of pallets of empty bottles which Constar manufactured for sale to various beverage producers. Constar’s Complaint asserts claims for negligence, warehouseman’s liability, bailment, and breach of contract in connection with this agreement. NDC filed a Motion to Dismiss, which was denied by Order dated December 23, 1999. On December 30, 1999, NDC filed an Answer with counterclaims of fraud, negligent misrepresentation, negligence, promissory estoppel and unjust enrichment. Constar then filed the present Motion to Dismiss NDC’s counterclaims for failure to state a
