Windsor v. The United States Of America, No. 1:2010cv08435 - Document 93 (S.D.N.Y. 2012)

Court Description: ORDER granting 28 Motion for Summary Judgment; denying 49 Motion to Dismiss; denying 52 Motion to Dismiss. CONCLUSION: For the foregoing reasons, Plaintiff's motion for summary judgment is GRANTED and Defendant-Intervenor's motion to dismiss is DENIED. The Court delcares that section 3 of the Defense of Marriage Act, 1 U.S.C. Section 7, is unconstitutional as applied to Plaintiff. Plaintiff is awarded judgment in the amount of $363,053.00, plus interest and costs allowed by law. Each party shall bear their own costs and fees. This case is CLOSED. The clerk of the court is directed to terminate the motions at docket numbers 28, 49, and 52. (Signed by Judge Barbara S. Jones on 6/6/2012) (bw) Modified on 6/7/2012 (ml). (Entered: 06/06/2012)