Stepniak v. United Materials, LLC

*790SUMMARY ORDER

Plaintiffs John and Kathy Stepniak appeal from a judgment entered September 25, 2007, dismissing their complaint without prejudice for lack of subject matter jurisdiction. We assume the parties’ familiarity with the facts, procedural history, and specification of issues on appeal.

We review a district court’s dismissal of a complaint for lack of standing de novo, “accepting as true all material allegations in the complaint and construing the complaint in favor of the complaining party.” Fuentes v. Bd. of Educ., 540 F.3d 145, 148 (2d Cir.2008). To establish constitutional standing,…