Export Development Canada v. Amato et al, No. 6:2008cv01000 - Document 32 (N.D.N.Y 2009)

Court Description: DECISION & ORDER: that third-party deft George A. Fuller Company, Inc.'s 26 Motion to Dismiss is GRANTED and the claims as against George A. Fuller Company, Inc., are DISMISSED. The Clerk of the Court is directed to enter judgment accordingly. Signed by Judge David N. Hurd on 7/9/2009. (see)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ~~~~~~~~~~~~~~~~~~~~~~~~~~ EXPORT DEVELOPMENT CANADA, Plaintiff, vs 6:08-CV-1000 VINCENT AMATO; PIONEER WINDOW MFG. CORP; PIONEER WINDOW HOLDINGS, INC.; PIONEER WINDOWS, INC.; VJA MANUFACTURING, INC.; and JOHN DOES 1 THROUGH 10, Defendants. ~~~~~~~~~~~~~~~~~~~~~~~~~~ PIONEER WINDOW MFG. CORP. and PIONEER WINDOWS, INC., Third-Party Plaintiffs, vs TRULITE INDUSTRIES, LTD. and GEORGE A. FULLER COMPANY, INC., Third-Party Defendants. ~~~~~~~~~~~~~~~~~~~~~~~~~~ APPEARANCES: OF COUNSEL: SHEATS & ASSOCIATES, P.C. Attorneys for Plaintiffs and Third-party Defendant Trulite Industries, Ltd. PO Box 820 9650 Brewerton Road Brewerton, NY 13029 EDWARD J. SHEATS, ESQ. CHARLES R. PIERCE, JR., ESQ. Attorneys for Defendants Vincent Amato, Pioneer Window Mfg. Corp., Pioneer Window Holdings, Inc., Pioneer Windows Inc. and VJA Manufacturing, Inc. 64 East main Street Huntington, NY 11743 DelBELLO DONNELLAN WEINGARTEN WISE & WIEDERKEHR, LLP Attorneys for Third-Party Defendant, George A. Fuller Company, Inc. The Gateway Building One North Lexington Avenue White Plains, NY 10601 PATRICK M. REILLY, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Pursuant to the oral decision of the Court, entered into the record after hearing oral argument on July 9, 2009, in Utica, New York, it is hereby ORDERED that 1. Third-party defendant George A. Fuller Company, Inc.'s motion to dismiss is GRANTED and the claims as against George A. Fuller Company, Inc, are DISMISSED. The Clerk of the Court is directed to enter judgment accordingly. IT IS SO ORDERED. Dated: July 9, 2009 Utica, New York. - 2 -

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