Opinion
21 CIVIL 4391 (LJL)
06-24-2022
PACIFIC INDEMNITY COMPANY, Plaintiff, v. KITON CORPORATION, Defendant. KITON CORPORATION, Consolidated Plaintiff, v. PACIFIC INDEMNITY COMPANY, Consolidated Defendant.
JUDGMENT
It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum & Order dated June 24, 2022, the motion to dismiss is GRANTED. Because Plaintiff has identified no facts it could allege that would support coverage under the Policy, the dismissal is with prejudice. See, e.g., Plaza Athenee Hotel Co. Ltd. v. Continental Cas. Co., 2022 WL 902647, at *4 (S.D.N.Y. Mar. 27, 2022) (dismissing similar complaint with prejudice); accordingly, the case is closed. 1