Kendall v. Cuomo et al
Filing 63
ORDER AND OPINION: With the exception of Claim 11, Defendant's motion to dismiss the Amended Complaint is denied so that a factual record may be developed. The motion to dismiss the Amended Complaint (Dkt. No. 43) is DENIED for Claims 1-10 and G RANTED for Claim 11. Because no facts have been established to date, Kendall's motion for summary judgment (included with his affirmation in opposition to defendants' motion to dismiss) (Dkt. No. 53) is also DENIED without prejudice to renew once discovery has been completed. (Signed by Judge Andrew L. Carter, Jr on 9/27/2013) Copies Mailed By Chambers. (tn)
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