Mosdos Chofetz Chaim, Inc. v. Village of Wesley Hills et al.

Justia Dockets & Filings Second Circuit New York Southern District Mosdos Chofetz Chaim, Inc. v. Village of Wesley Hills et al.

Mosdos Chofetz Chaim, Inc. v. Village of Wesley Hills et al.

Plaintiff:	Mosdos Chofetz Chaim, Inc.
Case Number:	7:2008cv00156
Filed:	January 8, 2008
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	Rockland
Presiding Judge:	Unassigned
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
March 27, 2015	Filing 142 OPINION AND ORDER re: (106 in 7:08-cv-00156-KMK) MOTION for Summary Judgment filed by The Village of Pomona, (39 in 7:12-cv-08856-KMK) MOTION for Summary Judgment filed by The Village of Wesley Hills, The Village of M ontebello, The Village of Chestnut Ridge, The Village of Pomona, (101 in 7:08-cv-00156-KMK) MOTION for Summary Judgment filed by Jeffrey Oppenheim, Howard L. Cohen, Jay B. Rosenstein, Edward B. McPherson, Robert I. Rhodes, The Vil lage of Montebello, Jerome Kobre, The Village of Chestnut Ridge, Kathryn Ellsworth, David A. Goldsmith, The Village of Wesley Hills, Robert H. Frankel, (108 in 7:08-cv-00156-KMK) MOTION for Summary Judgment filed by Mosdos Chofet z Chaim, Inc., (44 in 7:12-cv-08856-KMK) MOTION for Summary Judgment filed by Mosdos Chofetz Chaim, Inc. For the foregoing reasons, Defendants' Motions for Summary Judgment are granted, and Plaintiffs' Motion for Summary Jud gment is denied. The Clerk of the Court is respectfully requested to terminate the pending Motions, (No. 08-CV-156 Dkt. Nos. 101, 106, 108; No. 12-CV-8856 Dkt. Nos. 39, 44), and to close both cases. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/27/2015) (mml)
September 26, 2011	Filing 70 OPINION AND ORDER: For the reasons stated herein, the claims of Plaintiffs Mosdos and YCC are dismissed in their entirety. The claims by the Individual Plaintiffs against the Individual Defendants in their individual capacity also are dismissed, as a re the claims against Sanderson and Marshall in theirofficial capacity, though without prejudice. To the extent Plaintiffs are challenging the Village Defendants' zoning regulations and laws, those claims are dismissed. Plaintiffs' claims a gainst the Pomona Defendants under the New York State Constitution are dismissed without prejudice. The motions to dismiss are denied in all other respects. The Clerk of Court is respectfully directed to terminate the pending motions. (Dkt. Nos. 52 a nd 55.) Motions terminated: 55 CROSS MOTION to Dismiss the Amended Complaint. filed by Herbert I. Marshall, Nicholas L. Sanderson, The Village of Pomona, 52 MOTION to Dismiss Amended Complaint. filed by Jeffrey Oppenheim, Howard L. Cohen, Jay B. Rosenstein, Edward B. McPherson, Robert I. Rhodes, The Village of Montebello, Jerome Kobre, The Village of Chestnut Ridge, Kathryn Ellsworth, David A. Goldsmith, The Village of Wesley Hills, Robert H. Frankel. (Signed by Judge Kenneth M. Karas on 9/26/2011) (rj)

Date Filed

Document Text

March 27, 2015

Filing 142 OPINION AND ORDER re: (106 in 7:08-cv-00156-KMK) MOTION for Summary Judgment filed by The Village of Pomona, (39 in 7:12-cv-08856-KMK) MOTION for Summary Judgment filed by The Village of Wesley Hills, The Village of M ontebello, The Village of Chestnut Ridge, The Village of Pomona, (101 in 7:08-cv-00156-KMK) MOTION for Summary Judgment filed by Jeffrey Oppenheim, Howard L. Cohen, Jay B. Rosenstein, Edward B. McPherson, Robert I. Rhodes, The Vil lage of Montebello, Jerome Kobre, The Village of Chestnut Ridge, Kathryn Ellsworth, David A. Goldsmith, The Village of Wesley Hills, Robert H. Frankel, (108 in 7:08-cv-00156-KMK) MOTION for Summary Judgment filed by Mosdos Chofet z Chaim, Inc., (44 in 7:12-cv-08856-KMK) MOTION for Summary Judgment filed by Mosdos Chofetz Chaim, Inc. For the foregoing reasons, Defendants' Motions for Summary Judgment are granted, and Plaintiffs' Motion for Summary Jud gment is denied. The Clerk of the Court is respectfully requested to terminate the pending Motions, (No. 08-CV-156 Dkt. Nos. 101, 106, 108; No. 12-CV-8856 Dkt. Nos. 39, 44), and to close both cases. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/27/2015) (mml)

September 26, 2011

Filing 70 OPINION AND ORDER: For the reasons stated herein, the claims of Plaintiffs Mosdos and YCC are dismissed in their entirety. The claims by the Individual Plaintiffs against the Individual Defendants in their individual capacity also are dismissed, as a re the claims against Sanderson and Marshall in theirofficial capacity, though without prejudice. To the extent Plaintiffs are challenging the Village Defendants' zoning regulations and laws, those claims are dismissed. Plaintiffs' claims a gainst the Pomona Defendants under the New York State Constitution are dismissed without prejudice. The motions to dismiss are denied in all other respects. The Clerk of Court is respectfully directed to terminate the pending motions. (Dkt. Nos. 52 a nd 55.) Motions terminated: 55 CROSS MOTION to Dismiss the Amended Complaint. filed by Herbert I. Marshall, Nicholas L. Sanderson, The Village of Pomona, 52 MOTION to Dismiss Amended Complaint. filed by Jeffrey Oppenheim, Howard L. Cohen, Jay B. Rosenstein, Edward B. McPherson, Robert I. Rhodes, The Village of Montebello, Jerome Kobre, The Village of Chestnut Ridge, Kathryn Ellsworth, David A. Goldsmith, The Village of Wesley Hills, Robert H. Frankel. (Signed by Judge Kenneth M. Karas on 9/26/2011) (rj)

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Plaintiff: Mosdos Chofetz Chaim, Inc.
Represented By:	Joseph J Haspel
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