Freydl v. Meringolo et al
| Patrick T. Freydl |
| John C. Meringolo, Meringolo & Associates, P.C. and Angelo Cuomo |
| 1:2009cv07196 |
| August 14, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Kevin Nathaniel Fox |
| Barbara S. Jones |
| Plaintiff |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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Filing
170
MEMORANDUM AND ORDER granting in part and denying in part 145 Motion for Summary Judgment; denying 152 Motion for Judgment on the Pleadings. For the foregoing reasons, Defendants' motion for summary judgment is GRANTED in part and DENIED in part. All of Plaintiff's claims as against individual defendant John Meringolo are dismissed. Plaintiff's claims based on the Galasso and Graffagnino matters are dismissed. In all other respects, Defendants' motion for summary judgm ent is denied. Plaintiff's motion for judgment on the pleadings with respect to Defendants' counterclaim is DENIED. The Clerk of Court is directed to close the motions at docket entry numbers 145 and 152. counterclaim is DENIED.The Clerk of Court is directed to close the motions at docket entry numbers 145 and 152. (Signed by Judge J. Paul Oetken on 3/29/2013) (tro)
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Filing
19
OPINION & ORDER re: 7 MOTION to Dismiss. For the reasons stated above, the Meringolo Defendants' Motion to Dismiss (Docket #7) for lack of subject matter jurisdiction and lack of standing pursuant to Fed. R. Civ. P.12 (b)(1) is dismissed witho ut prejudice and with leave to replead. The Meringolo Defendants' Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) is GRANTED with respect to Counts One and Two and DENIED with respect to Counts Three, Four, Six, and Seven of the Complaint . Count 5 of the Complaint is dismissed sua sponte. The Meringolo Defendants' Motion for sanctions (Docket #9) is deferred until the conclusion of this suit on the merits. The Clerk of the Court is directed to terminate Defendant Angelo Cuomo as a party to this action. (Signed by Judge Barbara S. Jones on 7/31/10); (djc)
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