Complete Truck and Equipment Sales, Inc., Canada v. Alex Lyon & Son Sales Managers & Auctioneers, Inc. et al

Justia Dockets & Filings Second Circuit New York Northern District Complete Truck and Equipment Sales, Inc., Canada v. Alex Lyon & Son Sales Managers & Auctioneers, Inc. et al

Complete Truck and Equipment Sales, Inc., Canada v. Alex Lyon & Son Sales Managers & Auctioneers, Inc. et al

Plaintiff:	Complete Truck and Equipment Sales, Inc., Canada
Defendant:	Alex Lyon & Son Sales Managers & Auctioneers, Inc.
ThirdParty Defendant:	Ramiro Pozo
ThirdParty Plaintiff:	Alex Lyon & Son Sales Managers & Auctioneers, Inc.
Case Number:	5:2007cv00332
Filed:	March 28, 2007
Court:	US District Court for the Northern District of New York
Office:	Syracuse Office
County:	Onondaga
Presiding Judge:	David E. Peebles
Presiding Judge:	Frederick J. Scullin
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By:	Defendant

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Date Filed	Document Text
March 19, 2010	Filing 26 DECISION & ORDER granting Plaintiff's # 19 Motion for Summary Judgment on the issue of liability; it is further ORDERED that the parties shall submit, within THIRTY (30) DAYS of the date of this Decision and Order, further briefing on the issue of when statutory interest, pursuant to N.Y. Civ. Prac. L. & R. § 5001(a), should accrue on this $76,095.00 amount; and it is further ORDERED that the parties shall submit, within THIRTY (30) DAYS of the date of this Decision and Order, fu rther briefing on the issue of special damages. In particular, the parties are directed to address (1) whether or not special damages are appropriate in this action, and (2) assuming that special damages should be awarded, the dates on which statuto ry interest should accrue on the special damage amounts; and it is further ORDERED that Defendants third-party claim against Mr. Pozo (Dkt. No. 8, 37-41.) is DISMISSED without prejudice for failure to serve pursuant to Fed. R. Civ. P. 4(m). Signed by Judge Glenn T. Suddaby on 3/19/10. (lmw)

Date Filed

Document Text

March 19, 2010

Filing 26 DECISION & ORDER granting Plaintiff's # 19 Motion for Summary Judgment on the issue of liability; it is further ORDERED that the parties shall submit, within THIRTY (30) DAYS of the date of this Decision and Order, further briefing on the issue of when statutory interest, pursuant to N.Y. Civ. Prac. L. & R. § 5001(a), should accrue on this $76,095.00 amount; and it is further ORDERED that the parties shall submit, within THIRTY (30) DAYS of the date of this Decision and Order, fu rther briefing on the issue of special damages. In particular, the parties are directed to address (1) whether or not special damages are appropriate in this action, and (2) assuming that special damages should be awarded, the dates on which statuto ry interest should accrue on the special damage amounts; and it is further ORDERED that Defendants third-party claim against Mr. Pozo (Dkt. No. 8, 37-41.) is DISMISSED without prejudice for failure to serve pursuant to Fed. R. Civ. P. 4(m). Signed by Judge Glenn T. Suddaby on 3/19/10. (lmw)

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Defendant: Alex Lyon & Son Sales Managers & Auctioneers, Inc.
Represented By:	Richard L. Engel
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Plaintiff: Complete Truck and Equipment Sales, Inc., Canada
Represented By:	Daniel B. Berman
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Thirdparty defendant: Ramiro Pozo
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Thirdparty plaintiff: Alex Lyon & Son Sales Managers & Auctioneers, Inc.
Represented By:	Richard L. Engel
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