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Gregory Wayne Designs LLC v. Lowry

Action Denied Remand; IIED Claim Is Dismissed, Complaint Paragraph Struck as Immaterial

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OPINION & ORDER Gregory Wayne Designs LLC (“GWD”) and Gregory Orenstein (together, “Plaintiffs”) filed this action in New York State Supreme Court against their former interior-decorating clients John and Cynthia Lowry (collectively, “the Lowrys”), bringing claims for breach of contract, quantum meruit, unjust enrichment, defamation, and intentional infliction of emotional distress (“IIED”). The Lowrys removed the action to this Court based on diversity jurisdiction. Plaintiffs have moved to remand, and the Lowrys have moved to strike certain allegations from the Complaint and dismiss the IIED claim. For the reasons that follow, the Court denies the motion to remand, dismisses the IIED claim, and strikes one paragraph from the Complaint. I. Factual Background1 GWD is a limited liability company with offices in New York. Dkt. 1, Ex. 2 (“Compl.”) 2. Its sole principal and member, Orenstein, a citizen of New Jersey, provides professional interior decorating services to clients. Id. 4. The Lowrys, a married couple, own residential properties at 70 Little West Street in lower Manhattan and 10 Fox Run in Sherman, Connecticut. Id.

8, 11. On March 28, 2022, the Lowrys entered into a written contract with GWD and Orenstein to obtain “professional decorating consultation and advice” in connection with ongoing renovations at both properties. Dkt. 1, Ex. C (“Contract”). In exchange for these services, the Lowrys agreed to pay $250,000 and reimburse any related out-of-pocket expenses. See Contract

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