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William C. Perez and Fonda Perez v. George Bardo

March 17, 2011

WILLIAM C. PEREZ AND FONDA PEREZ, PLAINTIFFS,
v.
GEORGE BARDO, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Berle M. Schiller, J.

ORDER

AND NOW, this 17thday of March, 2011, upon consideration of Defendants' Motion to Dismiss, Plaintiffs' Response thereto, and for the reasons stated in this Court's Memorandum dated March 17, 2011, it is hereby ORDERED that:

1. Defendants' Motion to Dismiss (Document No. 8) is GRANTED in part and DENIED in part, as follows:

a. Defendants' Motion is GRANTED as to Plaintiffs' allegations of recklessness against Defendants Durgin, O'Connors Express, Inc., and Southern Tier Custom Fabricators. These claims are DISMISSED without prejudice.

b. Defendants' Motion is otherwise DENIED.

2. Plaintiffs shall file an Amended Complaint by April 4, 2011.

BY THE COURT:

20110317

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