RELIANCE INS. CO. v. BEND'N STRETCH, INC.

No. 96 Civ. 4527 (MP).

935 F.Supp. 476 (1996)

RELIANCE INSURANCE COMPANY, Plaintiff, v. BEND'N STRETCH, INC., and Osh Kosh B' Gosh, Inc., Defendants.

United States District Court, S.D. New York.

August 22, 1996.


Attorney(s) appearing for the Case

Nicoletti Hornig & Sweeney by James F. Sweeney, New York City, for Plaintiff Reliance Ins. Co.

Sandler Travis & Rosenberg by Kenneth Wolf, New York City, for Defendant Bend N' Stretch, Inc.


OPINION

MILTON POLLACK, Senior District Judge:

Defendant Bend'N Stretch ("BSI") has moved to dismiss this declaratory judgment suit for want of jurisdiction and improper venue, or, alternatively to transfer this action to the U.S. District Court for the Southern District of Florida. Plaintiff, Reliance Insurance Company ("Reliance"), issued an ocean marine transit insurance policy to BSI. The dispute concerns certain losses of goods owned by BSI, which took...

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