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06-1493 - Schenectady Industrial Corporation v. Upstate Textiles, Inc. et al


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06-1493 - Schenectady Industrial Corporation v. Upstate Textiles, Inc. et al
November 24, 2008
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DECISION and ORDER, that Schenectady's first motion to amend the complaint or, in the alternative, dismiss the action without prejudice, is GRANTED only with respect to amending the complaint and DENIED in all other respects. Schenectady's second motion to amend the complaint is DENIED. The Bank's motion for summary judgment is GRANTED, but its request for attorney fees and costs, or for an opportunity to file a motion for this relief, is DENIED. Upstate and Safer's motion for summary judgment is DENIED without prejudice. Schenectady's motion for summary judgment is DENIED without prejudice as to Upstate and Safer, and it is MOOT as to the Bank. Signed by Judge Gary L. Sharpe on 11/24/2008. (jel, )
January 25, 2010
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MEMORANDUM-DECISION AND ORDER denying SIC's 72 Motion for Summary Judgment; ORDERED that Upstate and Safer's 83 Cross-Motion for for Summary Judgment is GRANTED in part as to SIC's private nuisance claim, which is accordingly dismissed; ORDERED that Upsate and Safer's cross-motion for summary judgment is DENIED as to SIC's remaining claims; ORDERED that all motions for sanctions are DENIED. Signed by Judge Gary L. Sharpe on 1/25/10. (ban)