MEMORANDUM OPINION AND ORDER
MILTON I. SHADUR, Senior District Judge.
Although this action has been pending for 2-3/4 years, with the litigants having engaged in a good deal of substantive activity during that time, in terms of pleading a fresh start was occasioned by counsel for plaintiffs Kerry Smith ("Smith") and his wife Cheryl having fashioned and filed a Fourth Amended Complaint (simply "Complaint" for convenience)
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