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Boomer v. Deperio

United States District Court, W.D. New York
Jan 12, 2010
03-CV-6348L (W.D.N.Y. Jan. 12, 2010)

Opinion

03-CV-6348L.

January 12, 2010


DECISION AND ORDER


Plaintiff's motion for summary judgment (Dkt. #58) is denied. In deciding that motion, the Court must viewing the factual record in this case in the light most favorable to the non-moving parties, i.e., the defendants, and draw all reasonable inferences in their favor. Leibowitz v. Cornell University, 584 F.3d 487, 498 (2d Cir. 2009). Applying that standard here, it would clearly be impossible to grant summary judgment for plaintiff without resolving disputed issues of fact, which the Court may not do on a motion for summary judgment. See Goldberg Connolly v. New York Community Bancorp, Inc., 565 F.3d 66, 71 (2d Cir. 2009).

CONCLUSION

Plaintiff's motion for summary judgment (Dkt. #58) is denied.

IT IS SO ORDERED.


Summaries of

Boomer v. Deperio

United States District Court, W.D. New York
Jan 12, 2010
03-CV-6348L (W.D.N.Y. Jan. 12, 2010)
Case details for

Boomer v. Deperio

Case Details

Full title:SOLOMON BOOMER, Plaintiff, v. JOSE DEPERIO, STEPHEN LASKOWSKI, ROBERT M…

Court:United States District Court, W.D. New York

Date published: Jan 12, 2010

Citations

03-CV-6348L (W.D.N.Y. Jan. 12, 2010)