Naftali et al v. New York Deferred Exchange Corp. et al
| Ora Naftali and Roni Naftali |
| New York Deferred Exchange Corp. and Fritz Trinklein |
| 2:2015cv07152 |
| December 16, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joan M. Azrack |
| Arlene R. Lindsay |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| None |
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Filing
98
ORDER ADOPTING REPORT AND RECOMMENDATIONS re 84 Motion for Summary Judgment, 88 Report and Recommendations - Based on the foregoing (SEE ATTACHED MEMORANDUM AND ORDER FOR DETAILS), the Court adopts Judge Wickss R&R in its entirety as the opi nion of this Court. Accordingly, the Court finds: (1) NYDEC's motion for summary judgment as to Plaintiffs' breach of contract claim is DENIED; (2) NYDEC's motion for summary judgment as to Plaintiffs' negligence claim is GRANTED, as to the portion of Plaintiffs' negligence claim concerning NYDECs pre-contractual duties, and DENIED, as to the portion of Plaintiffs' negligence claim concerning NYDEC's filing of the Form 8288 and the filing of associated taxes; and (3) Defendant's motion for summary judgment as to Plaintiffs' conversion claim is GRANTED. So Ordered by Judge Joan M. Azrack on 3/14/2022. (Coleman, Laurie)
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Filing
34
ORDER ADOPTING REPORT AND RECOMMENDATIONS: For the reasons set out (PLEASE SEE ORDER FOR FURTHER DETAILS), the Court adopts Judge Lindsay's R&R in its entirety. Defendants' motion to dismiss is therefore granted with respect to the claims for equitable relief, as well as with respect to all claims against defendant Trinklein. Defendants' motion to dismiss is denied with respect to all other claims. So Ordered by Judge Joan M. Azrack on 9/26/2017. (Ortiz, Grisel)
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