Appellate Division, Fourth Department Motion to Dismiss Amended Complaint – Duplicative Causes of Action Fitzgerald v. SMS/800, Inc. CA 15-00356 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action following his termination as president and chief executive ...

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U.S. District Court, WDNY Abuse Motion to Dismiss — Change of Circumstances In re: Karlstrom 09-12267 B Judge Bucki Background: The trustee moved to dismiss the bankruptcy case for the third time. The trustee had successfully dismissed the case after ...

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U.S. District Court, WDNY Motion to Dismiss Exhaustion of Remedies Burroughs v. City School District #39 School, et al. 10-CV-6320 Judge Telesca Background: The plaintiff brought action under the Americans with Disabilities Act claiming he was discriminated against by the ...

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U.S. District Court, WDNY Motion to Dismiss COBRA Benefits Malcolm v. Honeoye Falls-Lima Central School District 08-CV-6300 Judge Larimer Background: On Nov. 10, 2009, this court granted a motion by the defendant in this matter, the Honeoye Falls-Lima Central School ...

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U.S. Court of Appeals, Second Circuit Copyright Non-infringement — Motion to Dismiss Peter F. Gaito Architecture LLC v. Simone Development Corp. 09-2613-cv Appealed from the Southern District of New York Background: The appeal is from a judgment granting the defendants’ ...

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