Egiazaryan v. Zalmayev
||April 19, 2011
||US District Court for the Southern District of New York
||Foley Square Office
||XX Out of State
||P. Kevin Castel
|Nature of Suit:
||Assault, Libel, and Slander
|Cause of Action:
|Jury Demanded By:
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|March 19, 2014
MEMORANDUM AND ORDER ADOPTING IN PART AND MODIFYING REPORT AND RECOMMENDATION for 249 Report and Recommendations, 221 Motion for Summary Judgment filed by Ashot Egiazaryan, 229 Motion for Summary Judgment filed by Peter Zalmayev: The Court has considered each of Zalmayev's objections to the R & R. Because no reasonable factfinder could find that Egiazaryan's claims lacked a substantial basis in law and fact or a substantial argument for the extension, modification or reversal of existing law, the Court adopts the conclusion of the R & R that Egiazaryan's motion for summary judgment should be and hereby is GRANTED, and that Zalmayev's motion for summary judgment should be and hereby is DENIED. The reasoning of the R & R is modified and expanded only insofar as inconsistent with this Memorandum and Order. The Clerk shall enter final judgment dismissing all claims of all parties. The case is closed. All motions are terminated. (Signed by Judge P. Kevin Castel on 3/19/2014) (tn)
|December 7, 2011
MEMORANDUM AND ORDER terminating 31 Motion to Dismiss; granting in part and denying in part 34 Motion to Dismiss; granting 15 Motion to Dismiss. For the foregoing reasons, Zalmayev's motion to dismiss Counts II, III, IV, and V of the Compl aint is GRANTED. Egiazaryan's motion to dismiss the Counterclaims is GRANTED as to the defamation claim (Countercl. Count One) and DENIED as to the anti- SLAPP counterclaim (Countercl. Count Two). Egiazarayan's motion in the alternative to strike portions of the Counterclaims is DENIED. The Clerk of the Court is directed also to terminate the original motion to dismiss the Counterclaims (Docket # 31), which was replaced by the amended motion (Docket #34) disposed of by this Order. (Signed by Judge P. Kevin Castel on 12/6/2011) (lmb)
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