Legal Opinion

North Triphammer Development Corp. v. Ithaca Associates

District Court, S.D. New York

Decided January 12, 1989No. 88 Civ. 3979 (RWS)PublishedCited by 10 opinions

1Opinion of the Court

OPINION

SWEET, District Judge.

Defendant Ithaca Associates (“Ithaca”) has moved pursuant to Rule 12(b)(6), Fed. R.Civ.P., to dismiss the Amended Complaint of plaintiff North Triphammer Development Corporation (“North Triphammer”) on the ground that it fails to state a cause of action upon which relief can be granted. North Triphammer has also moved pursuant to Rule 12(b)(6) to dismiss Ithaca’s third and fourth counterclaims, and pursuant to Rule 56, Fed.R.Civ.P. for summary judgment on its claims. Ithaca’s motion was submitted and argued on August 5, 1988; North Triphammer’s on November 11,…

2Cases cited40 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Conley v. GibsonSupreme Court of the United States · 1957
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Eastway Construction Corp. v. City of New YorkCourt of Appeals for the Second Circuit · 1985
  5. Kirke La Shelle Co. v. Paul Armstrong Co.New York Court of Appeals · 1933

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3Cited by10 opinions

  1. Crabtree v. Tristar Automotive Group, Inc.District Court, S.D. New York · 1991
  2. Savitsky v. SukenikAppellate Division of the Supreme Court of the State of New York · 1997
  3. D.S. America (East), Inc. v. Chromagrafx Imaging Systems, Inc.District Court, E.D. New York · 1995
  4. SO Textiles Co., Inc. v. a & E PRODUCTS GROUPDistrict Court, E.D. New York · 1998
  5. Deutsche Alt-A Securities Mortgage Loan Trust, Series 2006-OA1 ex rel. HSBC Bank, USA, National Association v. DB Structured Products, Inc.District Court, S.D. New York · 2013

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