Cathedral Church of the Intercessor v. Incorporated Village of Malverne
District Court, E.D. New York
1Opinion of the Court
MEMORANDUM AND ORDER
PLATT, District Judge.
Before this Court are two motions: (i) Defendants Village of Malvrerne et al. move pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss the complaint-in its entirety for certain Defendants and partially for other Defendants-for failure to state a claim, and (ii) Plaintiffs Cathedral Church et al. move pursuant to Fed.R.Civ.P. 56(c) for partial summary judgment. Oral argument was heard on November 5, 2004. For reasons enumerated in this opinion, the Defendants’ motion to dismiss is GRANTED. The claims are dismissed without prejudice and with leave to replead…
2Cases cited40 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Anderson v. CreightonSupreme Court of the United States · 1987
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- Westchester Day School v. Village of MamaroneckDistrict Court, S.D. New York · 2005
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