Mosdos Chofetz Chaim, Inc. v. RBS Citizens, NA et al
| Mosdos Chofetz Chaim, Inc. |
| Avon Group Limited Liability Company, Abraham Grunwald, Village of Wesley Hills, Village of Pomona, Village of Chestnut Ridge and RBS Citizens, NA |
| 7:2012cv07067 |
| September 19, 2012 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Rockland |
| Kenneth M. Karas |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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Filing
63
OPINION & ORDER: the Court grants Village Defendants' Motion To Dismiss the thirteenth through seventeenth causes of action. It also grants Avon Defendants' Motion To Dismiss the tenth and eleventh causes of action, and it grants Avon Defen dants' Motion for Summary Judgment on the fifth cause of action to the extent that that claim contests the validity of the mortgage based on Citizens' assignment of the mortgage to Avon. The Court also grants Citizens' Motion To Dismis s the fourth and sixth through ninth causes of action. The dismissals of all of the aforementioned causes of action Defendants moved to dismiss, except for the sixth cause of action (fraudulent inducement to borrow), are without prejudice. Mosdos may submitted an amended complaint within thirty days to cure the defects identified in this Opinion. Conversely, the Court denies Citizens' Motion To Dismiss the third cause of action (breach of fiduciary duty) and it denies Avon Defendants' Motion for Summary Judgment on the fifth cause of action to the extent that that claim contests the validity of the mortgage based on New York's Religious Corporations Law. The Court also notes that Citizens did not move to dismiss the first an d second causes of action, and thus those claims are unaffected by this Order. The Clerk of Court is respectfully requested to terminate the pending motions, Docket Nos. 25, 32, and 33. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/30/2014) (lnl)
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