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07-332 - Complete Truck and Equipment Sales, Inc., Canada v. Alex Lyon&Son Sales Managers&Auctioneers, Inc. et al


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07-332 - Complete Truck and Equipment Sales, Inc., Canada v. Alex Lyon&Son Sales Managers&Auctioneers, Inc. et al
March 19, 2010
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DECISION&ORDER granting Plaintiff's #19 Motion for Summary Judgment on the issue of liability; it is further ORDERED that the parties shall submit, within THIRTY (30) DAYS of the date of this Decision and Order, further briefing on the issue of when statutory interest, pursuant to N.Y. Civ. Prac. L.&R. ยง 5001(a), should accrue on this $76,095.00 amount; and it is further ORDERED that the parties shall submit, within THIRTY (30) DAYS of the date of this Decision and Order, further briefing on the issue of special damages. In particular, the parties are directed to address (1) whether or not special damages are appropriate in this action, and (2) assuming that special damages should be awarded, the dates on which statutory interest should accrue on the special damage amounts; and it is further ORDERED that Defendants third-party claim against Mr. Pozo (Dkt. No. 8, 37-41.) is DISMISSED without prejudice for failure to serve pursuant to Fed. R. Civ. P. 4(m). Signed by Judge Glenn T. Suddaby on 3/19/10. (lmw)