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Sanders v. WB Kirby Hill LLC

Village, Title Insurer Not Necessary Parties in Breach Action Over Home's Construction

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MEMORANDUM & ORDER Plaintiff Douglas H. Sanders brings this suit for breach of contract, fraud, and negligence related to his purchase of a home in the “Stone Hill” development (“Stone Hill”), located at 6 Kingwood Court, Muttontown, New York (the “Sanders Home”). (Second Am. Compl. (Dkt. 62) (“SAC”).) Before the court are briefs by Plaintiff and Defendants WB Kirby Hill, LLC (“WBK”) and Bernard Janowitz, in response to this court’s sua sponte order (May 22, 2018 Order), regarding whether non-parties the Village of Muttontown (the “Village”) and Plaintiff’s title insurer should be joined as parties to this suit pursuant to Federal Rule of Civil Procedure 19. (Pl. May 31, 2018 Letter (“Pl. Mem.”) (Dkt. 70); Def. WB Kirby Hill LLC June 11, 2018 Resp. (“WBK Resp.”) (Dkt. 71); Def. Bernard Janowitz June 12, 2018 Resp. (“Janowitz Resp.”) (Dkt. 72); Pl. June 12, 2018 Reply (“Pl. Reply”) (Dkt. 73); Def. WB Kirby Hill LLC June 12, 2018 Sur-Reply (“WBK Sur-Reply”) (Dkt. 74).) Also before the court is Plaintiff’s motion for the undersigned to recuse himself from this case pursuant to 28 U.S.C. §455(a). (Pl. Mot. for Recusal (“Recusal Mot.”) (Dkt. 81).)I. BACKGROUNDA. Factual AllegationsPlaintiff alleges that, in January 2010, Plaintiff met with a WBK agent, Joanne Miller, to explore the possibility of purchasing a vacant lot in Stone Hill. (SAC

4, 24, 26-27.) Miller showed Plaintiff one-and two-acre lots available for purchase. (Id. 27.) Plaintiff expressed interest in a larger version of a particular model home he was shown. (Id. 30.) Miller advised Plaintiff to meet with Stone Hill’s “owner/developer,” Janowitz. (Id. 31.) Plaintiff scheduled a January 29, 2010 meeting with Janowitz. (Id.

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