Trafalgar Power, Inc. v. U.S. Bank National Assoc.

Full title: TRAFALGAR POWER, INC., et al., Plaintiffs, v. U.S. BANK NATIONAL…

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

Date published: Feb 10, 2009

5:05-CV-1533 (N.D.N.Y. Feb. 10, 2009)

Opinion

5:05-CV-1533.

February 10, 2009

ORDER

DAVID HURD, District Judge

Pursuant to the oral decision of the Court, entered into the record after hearing oral argument on February 10, 2009, in Utica, New York, it is hereby

ORDERED that

1. Defendants' motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) is GRANTED in part and DENIED in part;

2. The Third, Fifth, Sixth, Seventh, and Eighth Causes of Action are DISMISSED;

3. The motion as to the First, Second, and Fourth Causes of Actions is DENIED; and

4. Defendant shall file and serve an Answer to the First, Second, and Fourth Causes of Action on or before February 24, 2009.

IT IS SO ORDERED.