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conclusory set of allegations against them. On motion of Defendant Flack & Kurtz, Inc.,
a mechanical engineering firm employed by Citigroup, I held that the Complaint was
deficient. By Order of January 7, 2005 (the "F&K Order"), I ruled:
The complaint . . . mixes claims against numerous defendants labeled, "the
Construction Defendants." It is impossible . . . to understand what each
such defendant purportedly did in the construction of 7 World Trade
Center, a multi-storied office building that collapsed in the aftermath of
the terrorist-related aircraft crashes into the Twin Towers, buildings One
and Two World Trade Center, or why plaintiff is proceeding against each
such defendant. Plaintiff cannot lump together vague, impossible-to-
understand allegations and claims that do not give proper notice to each
specific defendant. See Apollon Waterproofing & Restoration, Inc. v.
Bergassi, 87 Fed. Appx. 757, 759 (2d Cir. 2004).
I ruled further that the Complaint was deficient in failing to satisfy special
New York pleading requirements for suits brought against design professionals who
performed services more than 10 years before the claim arose:
New York CPLR 214-d, defines when a lawsuit may be brought, and
before when it may not be brought, against a licensed architect or engineer
and certain others who performed services more than 10 years before the
claim arose. Subsections 1 and 5 require a notice of claim 90 days before
a lawsuit is instituted and for the notice to "identify the performance,
conduct or omissions complained of." Subsection 6 requires the plaintiff
in its complaint to allege that it has complied with these requirements.
These sections state an important policy of New York regarding the time
and conditions for bringing suit. Matters of pleading are generally
governed by federal, not state, law. Shamrock Oil & Gas Corp. v. Sheets,
313 U.S. 100 (1941). However, defendant F&K has shown enough, even
though it is through an affidavit that I decline to consider, to place a Rule
11 burden on plaintiff that should be reflected in the pleadings. See R.
11(b), Fed. R. Civ. P.
I gave plaintiffs leave to amend the Complaint to conform to my rulings.
B. The Categories of Defendants and Allegations Against Them
The Amended Complaint divides the remaining defendants into the
