Goldberg Cohen LLP v. Luv n' care Ltd. et al
| Goldberg Cohen LLP |
| Luv n' care Ltd. and Admar International, Inc. |
| Lee A. Goldberg and Morris E. Cohen |
| Luv n' care Ltd. and Admar International, Inc. |
| Goldberg Cohen LLP, Lee A. Goldberg and Morris E. Cohen |
| 1:2016cv06576 |
| August 19, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Naomi Reice Buchwald |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Both |
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Filing
69
MEMORANDUM AND ORDER: granting in part and denying in part 63 Motion to Dismiss; granting in part and denying in part 64 Motion to Dismiss. The motion to dismiss LNC's counterclaims is granted in part and denied in part. The claim-preclusi ve effect of the judgment entered following our decisions in LNC I and LNC II -- as affirmed by the Second Circuit in LNC III -- preclude LNC from relitigating counterclaims 2, 4, and 6 through 20. While claim preclusion does not mandate the dismissa l of amended counterclaims 1 and 3, those claims are barred by the relevant statute of limitations and are not resuscitated under the principles of recoupment codified at CPLR 203(d). Claim preclusion also does not bar amended counterclaims 5 and 21, and the motion is therefore denied as to those claims. The Clerk of the Court is respectfully directed to terminate the motions pending at ECF Nos. 63 and 64. The parties shall appear for a status conference before the Court on October 29, 2018 at 3:45 p.m. SO ORDERED (Signed by Judge Naomi Reice Buchwald on 9/20/2018) (ama)
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