Legal Opinion

Tencza v. Tag Court Square, LLC

District Court, S.D. New York

Decided August 12, 2011No. 10 Civ. 3752(RJH)PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

RICHARD J. HOLWELL, District Judge:

Plaintiffs Darius and Marina Tencza purchased a condominium apartment in Queens, New York from defendant Tag Court Square, LLC (“TCS”). They brought this action to enforce their right to revoke the purchase pursuant to the Interstate Land Sales Full Disclosure Act (“ILSFDA”). TCS has moved pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss the complaint as time-barred and for failure to state a claim for which relief can be granted. For the reasons set forth below, TCS’s motion is DENIED.

BACKGROUND

Defendant TCS is the…

2Cases cited26 opinions

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  3. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  4. TRW Inc. v. AndrewsSupreme Court of the United States · 2001
  5. Gustafson v. Alloyd Co.Supreme Court of the United States · 1995

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3Cited by1 opinion

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