Maloney v. Rice
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|Date Filed||#||Document Text|
|May 22, 2015
MEMORANDUM & ORDER: The Court DENIES summary judgment to both parties (Plaintiff's Motion 131 , Defendant's Motion 137 ) on Count One of the Second Amended Complaint challenging New York Penal Law Section 265.01. This claim shall proceed to trial. The parties shall file a proposed joint pre-trial order on or before 7/6/15, 45 days from the date of this Order.The Court GRANTS summary judgment to the District Attorney on Count Three of the Second Amended Complaint. The Court also dismisses Count Two of the Second Amended Complaint for the reasons stated on the record during the October 24, 2013 pre-motion conference and the portion of Count One challenging New York Penal Law Section 265.02 for lack of standing. Ordered by Judge Pamela K. Chen on 5/22/2015. (Chiang, May)
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