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Other Statutory Actions | New York Northern
Letter Request/Motion
Letter Motion from Ryan McIntosh for Kresten Ballantyne, Alan Kitler, Michael Kitler requesting Requesting Pre-motion Discovery Conference submitted to Judge Evangelista . (McIntosh, Ryan)
Civil Rights: Other | New York Northern
Order on Motion for Summary Judgment
DECISION and ORDER: IT IS ORDERED that 1. The Town defendants' motion for summary judgment (Dkt. No. 65 ) is GRANTED in part and DENIED in part; 2. Defendant Heider's motion for summary judgment (Dkt. No. 68 ) is GRANTED in part and DENIED in part; 3. The Town defendants' motion is GRANTED with respect to plaintiffs § 1983 abuse of process and conspiracy claims against defendants Paris and Breslin; plaintiff's New York constitutional false arrest claim against all Town defendants; plaintiff's IIED claim against all Town defendants; plaintiff's common-law abuse of process claim against defendants Paris and Breslin; plaintiff's aiding and abetting claim against defendants Paris and Breslin; and plaintiff's Monell claim against the Town; 4. The Town defendants' motion is DENIED with respect to plaintiff's § 1983 false arrest claim; plaintiff's § 1983 abuse of process and conspiracy claims against defendant Villa; plaintiff's common-law abuse of process claim against defendant Villa, and plaintiff's aiding and abetting claim against defendant Villa; 5. Defendant Heider's motion is GRANTED with respect to plaintiffs New York constitutional false arrest, common-law abuse of process, and IIED claims; 6. Defendant Heider's motion is DENIED with respect to plaintiff's § 1983 false arrest, abuse of process, and conspiracy claims; and 7. Within thirty-five (35) days of the date of this Decision and Order, counsel shall file a status report indicating the parties' readiness for trial, position on settlement, and dates the parties are available for Jury Trial. Signed by U.S. District Judge Anthony J. Brindisi on 9/28/2026. (ztc)
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