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16-7028 - Nissan Motor Acceptance Corporation v. Five Towns Nissan, LLC et al


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16-7028 - Nissan Motor Acceptance Corporation v. Five Towns Nissan, LLC et al
February 14, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATIONS : For the foregoing reasons, Judge Lindsays R&R (Docket Entry 28) is ADOPTED in its entirety. Wolfs and Barbagallos motions to dismiss Plaintiffs third cause of action (DocketEntries 15 & 16) are GRANTED. Additionally, because similar reasoning supports dismissal of Plaintiffs money had and received claims against Korchmar, the Court dismisses Plaintiffs third cause of action against him. Accordingly, Plaintiffs money had and received claim is DISMISSED as against Wolf, Barbagallo, and Korchmar. Plaintiff is granted leave to amend its Complaint toassert a contractual claim against them based on a potential judgment against Five Towns on the money had and received claim. Plaintiff shall file its Amended Complaint within thirty (30) days of the date of this Memorandum and Order. Ordered by Judge Joanna Seybert on 2/14/2018. (Bollbach, Jean)