Legal Opinion

Eisenberg v. District Attorney of County of Kings

District Court, E.D. New York

Decided April 1, 1994No. CV-93-1647PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

GLASSER, District Judge:

Defendant District Attorney of the County of Kings (the “District Attorney”) premises his motion to dismiss the Complaint on two grounds: (1) that service of process was improper, and (2) that the Complaint fails to state a claim upon which relief can be granted. Plaintiff Mitch Eisenberg, in turn, cross-moves for entry of a default judgment; to amend the Complaint; and to disqualify the District Attorney from representing himself. For the reasons set forth below, the motion to dismiss is granted, and the three cross-motions are denied.

PROCEDURAL…

2Cases cited33 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  3. Kentucky v. GrahamSupreme Court of the United States · 1985
  4. Imbler v. PachtmanSupreme Court of the United States · 1976
  5. Edelman v. JordanSupreme Court of the United States · 1974

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3Cited by6 opinions

  1. Whitfield v. City of PhiladelphiaDistrict Court, E.D. Pennsylvania · 2008
  2. McKeon v. DaleyDistrict Court, N.D. New York · 2000
  3. Pennington v. ClarkAppellate Division of the Supreme Court of the State of New York · 2003
  4. Cohen v. RichardsonDistrict Court, N.D. New York · 2024
  5. DeJesus-Vasquez v. BethencourtDistrict Court, S.D. New York · 2020

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