Unknown Plaintiff v. McGarrity
| Thomas McGarrity |
| 1:2016cv01324 |
| February 19, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Albany |
| Loretta A. Preska |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1330 Breach of Contract |
| Plaintiff |
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Filing
64
MEMORANDUM OPINION AND ORDER re: 24 FIRST MOTION to Dismiss of Thomas McGarrity and Rosenblatt & McGarrity LLP filed by Thomas McGarrity: For reasons stated above, Plaintiff has failed adequately to plead diversity jurisdiction. If the Court did have jurisdiction, it would hold that Plaintiff has failed to state a claim either for breach of contract or legal malpractice and, thus, finds that amendment of the Complaint would be futile. Accordingly, Defendants' motions to dismiss (ECF Nos. 24, 25) are granted, and all other pending motions are denied as moot. The case is dismissed. (Signed by Judge Loretta A. Preska on 5/24/2017) (jwh)
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