Summary
observing that where allegations within a complaint tend to contradict each other, courts need not accept the allegations as true
Summary of this case from McHale v. Citibank, N.A. (In re the 1031 Tax Group, LLC)Opinion
06 Civ. 11357 (SHS).
January 29, 2009
ORDER
On December 8, 2009, Magistrate Judge Henry B. Pitman issued a Report and Recommendation recommending that defendants Florence Finkle, Victor Kuznetsoff, the Human Resources Administration No. 47 ("HRA"), and the City of New York's (the "Moving Defendants) motion to dismiss the remaining claims against them pursuant to Fed.R.Civ.P. 12(b)(5) and 12(b)(6) for insufficient service of process and failure to state a claim be granted. As of today, no objections have been filed by plaintiffs.
After a de novo review of the Report and Recommendation, the Court adopts the recommendation of Magistrate Judge Pitman. Accordingly,
IT IS HEREBY ORDERED that the Moving Defendants' motion to dismiss the remaining claims against them pursuant to Fed.R.Civ.P. 12(b)(5) and 12(b)(6) for insufficient service of process and failure to state a claim is granted, and all claims against the Moving Defendants are dismissed.