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BILLINGS v. BRIDGEPOINT LLC

21 Misc.3d 535 (2008)

863 N.Y.S.2d 591

THOMAS A. BILLINGS, Plaintiff, v. BRIDGEPOINT PARTNERS, LLC, et al., Defendants.

Supreme Court, Erie County.

September 19, 2008.

Attorney(s) appearing for the Case

Damon & Morey, LLP, Buffalo (Brian D. Gwitt of counsel), for defendants.

Jaeckle Fleischmann & Mugel, LLP, Rochester (Charles C. Swanekamp and Beverly S. Braun of counsel), for plaintiff.

OPINION OF THE COURT

JOHN M. CURRAN, J.

Defendants have moved to dismiss the second, fourth, fifth, sixth and seventh causes of action in the amended complaint pursuant to CPLR 3211 (a) (1) (defense founded upon documentary evidence), (3) (lack of legal capacity to sue), and (7) (failure to state cause of action). Defendants also have moved pursuant CPLR 6514 for an order canceling a notice of pendency filed by plaintiff on February 15, 2008. For the reasons...

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