District Court, S.D. New York April 30, 2003, 02 Civ. 7676(JSR) (Duane Reade, Inc. v. St. Paul Fire & Marine Insurance)

MEMORANDUM ORDER

RAKOFF, District Judge.

This Memorandum Order will serve to confirm the Court’s telephonic rulings of April 4, 2003 granting in part and denying in part defendant’s motion to dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure and denying in its entirety defendant’s motion to compel appraisal.