Extract to table

While Defendants vigorously contest the merits of Northwind's claims across all five counts and have interposed their Verified Answer and Counterclaim on November 17, 2023 — asserting a counterclaim of $1,620,000 for unpaid hire that Northwind wrongfully withheld during the period of October 1 through December 31, 2022 — this motion is narrowly directed at two counts that are legally deficient on their face and must be dismissed under CPLR 3211(a)(7) for failure to state a cause of action

This quasi-contractual claim is legally impermissible and must be dismissed

On a motion to dismiss for failure to state a cause of action under CPLR 3211(a)(7), the court must determine whether the complaint sets forth a cause of action within some recognized legal theory

Where the well-pleaded facts, even taken in the light most favorable to the plaintiff, do not support any cognizable legal theory, the claim must be dismissed

Count III must be dismissed

The ICA's fundamental premise is that cargo claims between owner and charterer must be evaluated on a claim-by-claim, cause-by-cause basis, with liability allocated according to fault