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Other Fraud | New York Southern
Memo Endorsement
MEMO ENDORSEMENT on re: 138 Letter filed by Enrico Desiata, Keith E. Pyne ENDORSEMENT: To clarify the Courts Order of September 1, 2026, Dkt. 136, given that (as Defendants counsel notes) the Amended Complaint has errors in its numbering of Plaintiffs causes of action, the Court is considering granting summary judgment in favor of Defendants on the following causes of action on the grounds that they are duplicative of Count One: Fraud and fraudulent concealment, the second listed cause of action and correctly labeled at Count Two; Misrepresentation and omission, the third listed cause of action and correctly labeled as Count Three; Breach of the duty of good faith and fair dealing, the fourth listed cause of action and correctly labeled as Count Four; Conversion, the sixth listed cause of action and incorrectly labeled as Count Seven; and Unjust enrichment, the seventh listed cause of action and correctly labeled as Count Seven. With respect to breach of fiduciary dutythe fifth listed cause of action and incorrectly labeled as Count Sixthe Court is not considering granting summary judgment to Defendants on the ground that this cause of action is duplicative of Count One, but is considering granting summary judgment for the reasons stated in Defendant's motion. SO ORDERED. (Signed by Judge John P. Cronan on 9/4/2026) (jca)
Order
ORDER granting 137 Letter Motion for Extension of Time to File. The parties' deadline to file supplemental briefing is extended until September 16, 2026, but any further extension requests are unlikely to be granted. The Clerk of Court is respectfully directed to close Dkt. 137. SO ORDERED. (Signed by Judge John P. Cronan on 9/4/2026) (jca)
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