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Contract: Other | New York Southern
Order
OPINION & ORDER re: 21 MOTION to Dismiss Plaintiff's Complaint. filed by Montefiore Medical Center, Montefiore Health System, Inc.. For the foregoing reasons, Defendants' Motion to Dismiss is GRANTED in part and DENIED in part. Defendants' Motion is DENIED with respect to Gateway's breach of contract and account stated claims against Defendant Montefiore Medical Center. Defendants' Motion is GRANTED with respect to Gateway's breach of contract and account stated claims against Defendant Montefiore Health System, Inc., and those claims are dismissed without prejudice. Because this is Gateway's first complaint, Gateway is granted leave to file an Amended Complaint solely with respect to the claims dismissed without prejudice by this Opinion and Order. If Gateway chooses to do so, it shall file an Amended Complaint by September 4, 2026. Defendants shall answer or otherwise respond to any Amended Complaint by October 2, 2026. If Gateway fails to file an Amended Complaint within the time permitted, and cannot show good cause to excuse such failure, the claims dismissed without prejudice by this Opinion and Order will be deemed dismissed with prejudice without further order of the Court. The Clerk of Court is respectfully directed to terminate the Motion at ECF No. 21. ( Amended Pleadings due by 9/4/2026.) (Signed by Judge Nelson Stephen Roman on 7/29/2026) (sgz)
Letter
LETTER addressed to Judge Nelson Stephen Roman from Brendan M. Scott dated March 16, 2026 re: ECF DE 25, 26 and 27. Document filed by Gateway Commercial Finance, LLC..(Scott, Brendan)
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