FIRST GENERAL CONSTRUCTION CORP., INC. V. KASCO CONSTRUCTION CO., INC
Page 1 FIRST GENERAL CONSTRUCTION CORP., INC. v. KASCO CONSTRUCTION CO., INC. CIVIL ACTION NO. 10-2655 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA 2011 U.S. Dist. LEXIS 55349 May 24, 2011, Decided May 24, 2011, Filed COUNSEL: [*1] For FIRST GENERAL ("NJPPA") (Count IV). CONSTRUCTION CORP., INC., Plaintiff, Counter Defendant: DANIEL E. FIERSTEIN, LEAD FGCC filed its complaint on June 3, 2010 and Kasco ATTORNEY, COHEN SEGLIAS PALLAS answered and counterclaimed. The parties agreed to go to GREENHALL & FURMAN PC, PHILADELPHIA, PA; arbitration, but before the arbitration could take place JOHN A. GREENHALL, COHEN, SEGLIAS, PALLAS Kasco filed this motion for summary judgment and asked , GREENHALL & FURMAN, PHILADELPHIA, PA. us to stay the arbitration pending our disposition of its motion. For KASCO CONSTRUCTION CO., INC., Defendant, Counter Claimant: LEONARD A. WINDISH, Kasco moves for summary judgment on all counts of LEONARD A. WINDISH, PC, PHILADELPHIA, PA. the complaint. For the reasons we discuss in detail below, we will grant defendant's motion and direct [*2] a JUDGES: Stewart Dalzell, J. prompt arbitration on Kasco's counterclaims. 1 OPINION BY: Stewart Dalzell 1 We have diversity jurisdiction as plaintiff is a New Jersey corporation based in that state, and OPINION defendant is incorporated in Pennsylvania and based in the Commonwealth. As will be seen, the amount in controversy exceeds the jurisdictional MEMORANDUM threshold. Dalzell, J. I.Factual Background Plaintiff First General Construction Corp., Inc. Kasco contracted with Vornado Realty Trust ("FGCC"), here sues Kasco Construction Co., Inc. ("Vornado") to act as Vornado's general contractor in ("Kasco") for breach of contract (Count I), quantum connection with the expansion of the Marlton Shopping meruit (Count II), unjust enrichment (Count III), and Center located at Routes 70 & 73 in Marlton, New Jersey failure to promptly pay subcontractor/breach of statutory (the "Project").
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