OPINION AND ORDER Plaintiff Markel American Insurance Company, as subrogee of 244 Howard Avenue LLC, brings this action against multiple defendants, including MT Group, LLC (“MT”) for “damages caused by a January 9, 2019 collapse [] that occurred [at] Plaintiff’s insured, 244 Howard Avenue Associates[,] located at 244 to 246 Howard Avenue” in Brooklyn, New York. Dkt. No. 42. MT has moved to dismiss the Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Dkt. No. 41, at 7. For the reasons set forth below, MT’s motion to dismiss is denied, but the Court will permit discovery solely related to whether Plaintiff is entitled to equitable tolling with respect to its claims against MT, and will allow for an expedited summary judgment briefing thereafter. I. Background Plaintiff filed the Complaint in this action on December 20, 2021. See Dkt. No. 1. During a September 14, 2022 conference in this action and a parallel coverage action brought by 244 Howard Avenue LLC against Plaintiff (244 Howard Avenue, LLC v. Markel American Insurance Company, 21-CV-04480 (ENV) (RER) (E.D.N.Y.), counsel for Defendant JIH Builders Group, LLC (“JIH”) noted that MT was a “potential defendant” that JIH “believed should have been named in the subrogation action.” See FTR 3:40-5:02. In fact, JIH noted that it had filed “summonses with notices” in state court against MT. See id. Counsel for JIH argued that it would be “appropriate” for Plaintiff in the instant action to name MT as a defendant “given the pandemic toll” under New York law. See id. Counsel for Plaintiff argued that MT should be added to the instant case and requested a deadline to amend the Complaint to name MT as a defendant. See FTR 6:48-7:07. Counsel for JIH did not object to amending the Complaint to name MT as a defendant. See FTR 8:15-8:41. The Court ordered Plaintiff to amend the Complaint by September 30, 2022 to add, inter alia, MT as a defendant. See Minute Entry dated September 14, 2022. On September 28, 2022, Plaintiff filed the Amended Complaint where, inter alia, Plaintiff named MT as a defendant and raised two claims against MT: negligence and breach of contact. See Dkt. No. 27
