Legal Opinion
Greenery Rehabilitation Group, Inc. v. Sabol
District Court, N.D. New York
Decided December 28, 1993No. 1:93-cv-00309PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM-DECISION AND ORDER
McAVOY, Chief Judge.
The third party defendant Donna E. Shala-la moves to dismiss the third party complaint pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction. Two theories have been advanced in support of the said motion. First, it is alleged that the third-party complaint is not ripe for judicial review. Second, it is alleged that the State and City defendants failed to exhaust administrative remedies. Furthermore, the third party defendant has also moved to stay discovery pending the outcome of the instant…
2Cases cited15 opinions
- Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
- McKart v. United StatesSupreme Court of the United States · 1969
- John D. Williamson, Plaintiffs-Appellants-Cross v. Gordon G. Tucker, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1981
- Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
- Harris v. McRaeSupreme Court of the United States · 1980
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Greenery Rehabilitation Group, Inc. v. HammonCourt of Appeals for the Second Circuit · 1998
- Golnik v. AmatoDistrict Court, D. Connecticut · 2003
- World Touch Gaming, Inc. v. Massena Management, LLCDistrict Court, N.D. New York · 2000
- State of NY v. Lutheran Center for the Aging, Inc.District Court, E.D. New York · 1997
- Greenery Rehabilitation Group, Inc. v. HammonCourt of Appeals for the Second Circuit · 1998
4 more not listed; retrieve them via the Exa API.