Gurney's Inn Resort & Spa Ltd. v. Benjamin et al
| Gurney's Inn Resort & Spa Ltd. |
| Linda Benjamin, Christopher Bennett and Thomas Carusona |
| 2:2010cv03993 |
| September 1, 2010 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F. Bianco |
| William D. Wall |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| None |
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Filing
64
ORDER granting 32 Motion for Summary Judgment; denying 40 Motion to Disqualify Counsel. For the reasons set forth in the Memorandum and Order, IT IS HEREBY ORDERED that Benjamin's motion to disqualify Gurney's counsel is denied and t he motion to amend the complaint to substitute non-party John Kearney as defendant in place of Bennett is granted (and Kearney is re-aligned as a plaintiff). IT IS FURTHER ORDERED that plaintiff's motion for summary judgment is granted. Thus, judgment shall issue declaring that each member of Gurney's Board of Directors, including defendant Linda Benjamin, has one, equal vote concerning all matters considered by the Board, including financial decisions and whether to increase, reduce , change, modify or terminate services or expenditures at Gurney's, until the Montemarano/Cooper Trust's mortgage (i.e., the purchase money mortgage) is paid in full. The Clerk of the Court shall enter judgment accordingly and close this case. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/20/2012. (O'Neil, Jacquelyn)
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Filing
19
MEMORANDUM AND OPINION. For the reasons set forth in the attached Memorandum and Order, plaintiff's motion to remand for lack of federal jurisdiction is denied. SO ORDERED. Ordered by Judge Joseph F. Bianco on 10/13/2010. (Graves, Kelly)
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