Woods v. Maytag Co. et al
2:2010cv00559 |
February 8, 2010 |
US District Court for the Eastern District of New York |
Central Islip Office |
Arthur D. Spatt |
William D. Wall |
Prop. Damage Prod. Liability |
28 U.S.C. ยง 1332 Diversity-Property Damage |
None |
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Filing 36 MEMORANDUM DECISION & ORDER granting in part and denying in part 28 Motion to Dismiss. For the foregoing reasons, it is hereby ORDERED, that the Defendants' motions to dismiss: (1) the fraudulent concealment claim and the GBL § 34 9 claim against the Maytag Defendants and (2) the fraudulent misrepresentation claim against Plesser's are DENIED, and it is further ORDERED, that the Defendants' motions to dismiss: (1) the fraudulent misrepresentation claim against the Maytag Defendants and (2) the fraudulent concealment and GBL § 349 claims against Plesser's are GRANTED, with prejudice, and it is further ORDERED, that the parties are directed to contact the chambers of United States Magistrate Judge William D. Wall in order to proceed with discovery. So Ordered by Senior Judge Arthur D. Spatt on 8/31/11. (Valle, Christine) |
Filing 25 MEMORANDUM OF DECISION AND ORDER - The Plaintiffs warranty claims are dismissed, with prejudice. The Plaintiffs fraud and GBL § 349 claims are dismissed without prejudice. The Plaintiff may file an amended complaint, within 20 days of the date of this order, for the sole purpose of repleading their fraud and GBL § 349 claims. Ordered by Senior Judge Arthur D. Spatt on 11/2/10. (Coleman, Laurie) |
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