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PETER F. GAITO ARCHITECTURE v. SIMONE DEVELOPMENT

Docket No. 09-2613-cv.

602 F.3d 57 (2010)

PETER F. GAITO ARCHITECTURE, LLC, doing business as Peter F. Gaito and Associates, Peter F. Gaito, Plaintiffs-Appellants, v. SIMONE DEVELOPMENT CORP., Simone Church Street, LLC, Joseph Simone, Thomas Metallo, Saccardi & Schiff, Inc., TNS Development Group, Ltd., SLCE Architects, LLP, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 7, 2010.

Attorney(s) appearing for the Case

Austin Graff (Robert S. Nayberg, on the brief), The Scher Law Firm, LLP, Carle Place, N.Y., for Plaintiffs-Appellants.

Philip M. Halpern, Collier, Halpern, Newberg, Nolletti & Bock, LLP, White Plains, N.Y., for Defendants-Appellees Simone Development Corp., Simone Church Street, LLC, Joseph Simone, Thomas Metallo, TNS Development Group, Ltd.

Christopher A. Albanese, Milber, Makris, Plousadis & Seiden, LLP, White Plains, N.Y., for Defendant-Appellee SLCE Architects, LLP.

Kenneth McLellan, Winget, Spadafora & Schwartzberg, LLP, New York, N.Y., for Defendant-Appellee Saccardi & Schiff, Inc.

Before: KATZMANN and LYNCH, Circuit Judges and CHIN, District Judge.

KATZMANN, Circuit Judge:

This case calls upon us in principal part to determine whether a district court may consider the question of non-infringement in a copyright action on a Rule 12(b)(6) motion to dismiss. We hold that, under the circumstances of this case, the district court properly determined non-infringement as a matter of law, and did not err in concluding that plaintiffs' Amended Complaint — together with those documents incorporated therein —...

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