WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. September 26, 2005: Federal Court Judge Colleen McMahon  denied the motion of  LC White Plains LLC and LC White Plains Retail LLC  to stay Target Corporation’s Breach of Contract suit against the City Center pending arbitration in a ruling of July 22. The parties are now in the discovery phase of the procedure, with a Jury Trial possible at the end of the year, pending any motion for a summary judgment.

 Judge McMahon ordered a trial by jury, setting November 18 as the date when all discovery must be completed. She also ordered that all testimony by experts be completed by October 7, setting December 16 as the date when a Joint Pre-Trial Order submitted.

Target sued White Plains LLC  and White Plains May 20 of this year, alleging breach of contract by the two management companies of the White Plains City Center, asking for $675,000 in damages. White Plains LLC and White Plains LLC Marketing has filed a Motion to Stay, claiming the contract between the two companies stipulated any disputes arising from the performance of the contract would be resolved by binding arbitration. Judge McMahon did not agree.  Any motion for Summary Judgment must, according to the papers be made before December 16.

The Target suit alleges “The Developers breached the Agreement (between Target and LC White Plains LLC and White Plains Retail LLC) by failing to perform the Seller’s Work in a good and workmanlike manner,” and that “Target has incurred in excess of $590,000 in out-of-pocket costs due to the Developers’ failure to perform certain of the Seller’s Work, and due to the Developer’s failure to perform other Seller’s Work in a good and workmanlike manner and with reasonable diligence.”