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Recent Posts in Motions to Dismiss Category

LOOK WHAT GOT HATCHED

Unable to conceive naturally, a couple consulted with a treatment clinic – Reproductive Medicine Associates of New York, LLP (RMANY) – about invitro fertilization. After being told the ...
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SCORE 1 FOR THE RESIDENTS OF GATEWAY PLAZA!

Newman Ferrara Announces Motion to Dismiss Denied in Breach of Warranty of Habitability Class Action Brought by Gateway Plaza Residents Newman Ferrara LLP announced that on December 4, 2015, the ...
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INDOOR RAIN?

Aridia Bonilla filed suit after tripping on her building’s stairs--which were wet due to rainwater which accumulated through a broken window (propped open by a tin can). When the New York County ...
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GAME OVER, ZYNGA?

Court Won't Reconsider Zynga's Bid To Toss IPO Suit By Maya Rajamani Law360, New York (April 29, 2015, 6:17 PM ET) -- Zynga Inc.'s second attempt to extricate itself from its legal ...
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ZYNGA'S PLAYING GAMES

Class Plaintiff Blasts Zynga's Bid To Toss IPO Suit By Tom Zanki Law360, New York (April 27, 2015, 5:45 PM ET) - The lead plaintiff in a class action alleging Zynga Inc. misled investors amid its ...
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ZYNGA ZONKED!

Zynga Can't Dodge Consolidated Suit Over IPO, Stock Dump By Linda Chiem Law360, New York (March 25, 2015, 7:05 PM ET) -- A California federal judge on Wednesday rejected social-media game maker ...
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GAME ON, ZYNGA!

Motion to Dismiss Denied in Securities Fraud Case Brought by Zynga Investors Newman Ferrara LLP announced that on March 25, 2015, the Honorable Jeffrey S. White of the United States District Court for ...
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NEED TO BE SALACIOUS

Although he pleaded guilty to "disorderly conduct," Yanheni S. asked the Appellate Term, First Department, to reverse his conviction on the grounds that the underlying paperwork--the ...
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SUED TOO EARLY?

Edward and Elizabeth Early were sued by Pericles Tsapogas in Queens County Civil Court. But because he asserted the same claim against the couple in a previously filed Supreme Court suit, his Civil ...
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LACK OF A COMPAS?

Mercury Insurance Co. appealed after the Kings County Civil Court denied its motion to dismiss Compas Medical's case (which sought to recover "assigned first-party, no-fault benefits"). ...
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MCLAUGHLIN ON AURIEMMA DISMISSAL

Lawsuit Against Auriemma Dismissed; Appeal Filed Tuesday, April 16, 2013 by: Rich Elliott The employment discrimination lawsuit case filed against UConn women’s basketball coach Geno Auriemma ...
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BP LITIGATION SURVIVES CHALLENGE

Court Allows Securities Litigation Class Action Against BP To Move Forward New York State Comptroller Thomas P. DiNapoli commended a Houston federal judge’s decision on Thursday to allow a ...
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YOU CAN'T DISMISS A TRAGEDY

Kenneth Chamberlain death: Family's lawyers oppose move to dismiss wrongful-death lawsuit Written by Lee Higgins Sep 7, 2012 Lawyers for the family of Kenneth Chamberlain Sr., who was fatally shot ...
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SCHWAB THE DECK!

When the NY Attorney General went after Charles Schwab, Inc. for securities fraud relating to the sale of certain auction rate securities (ARS), the company asked the New York County Supreme Court to ...
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FAMILY FEUD: CONTRACT STYLE

In Harrison v. Harrison, Jeffrey Harrison had a couple of claims against his brother, Kevin. The first was "breach of contract," his second was for the imposition of a "constructive trust" based on ...
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WHAT HAPPENED AT LES SANS CULOTTES?

There are different ways lawyers can get a case thrown out of court. One procedure, known as a "motion for summary judgment," is a written request made to a judge to end the dispute based ...
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FAILING TO ANSWER CAN GET YOU EVICTED

Here's a case that shows how perilous it is for tenants not to file an answer to court papers which have been served upon them. In Eklecco Newco, LLC v. Schlomit, Inc. , the landlord served a ...
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MAKE SURE YOU SUE THE RIGHT PEOPLE, PLEASE

Steven L. Ploski, doing business as Bellwether Company, sued Harry Langer and H. L. Langer & Company, Inc., for their failure to pay for Ploski's services. There were a couple of problems with ...
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DON'T GET NICKED BY SCHICK!

Are you looking to avoid painful nicks and bumps?* Then you better read the case of W 54-7 LLC v Schick. Prior to Schick, landlords were able to argue that any defects in a predicate notice -- ...
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EVEN THE CIVIL COURT HAS ITS LIMITS

The powers of New York's various courts are defined by statute and our state's Constitution. And, in some instances, this authority is severely limited or circumscribed. By way of example, a litigant ...
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NIEVES SCORES KNOCK-OUT AGAINST HBO

We have previously commented on the state of the law as it pertains to the unauthorized use of one's name and/or image--within the context of commercial television--and have expressed our disagreement ...
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THIS PRINCE WON'T BE APPEARING AT MADISON SQUARE GARDEN

New York's Madison Square Garden and several of its employees received an icy reception in federal court when they attempted to have a lawsuit dismissed. In Prince v. Madison Square Garden, the ...
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INVESTIGATE THIS!

Joseph K. White (an ex-cop) was employed by Michael G. Kessler & Associates (a forensic accounting and investigation firm) as an investigator. Mr. White's employment agreement contained a covenant not ...
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