-FM Waverly Properties, LLC v. KMG Waverly, LLC et al, No. 1:2009cv03940 - Document 140 (S.D.N.Y. 2011)

Court Description: DECISION AND ORDER for 132 Report and Recommendations and 116 Motion for Summary Judgment. The Report and Recommendation of Magistrate Judge Frank Maas dated August 15, 2011 (Docket No. 132) is adopted and incorporated in its entirety as the Cou rt's ruling on the motion for summary judgment (Docket No.116) filed by defendants (the "Defendants") in this action, and the objections (Docket No. 139) of Defendants are DENIED. That substantially for the reasons set forth in the Rep ort the motion of Defendants herein is DENIED with regard to the first eight causes of action set forth in the complaint of plaintiff Waverly Properties, LLC herein and GRANTED with regard to the ninth cause of action. The parties are directed to appear at the final pretrial conference on this matter on October 7, 2011 at 9:15 a.m. (Signed by Judge Victor Marrero on 9/27/2011) (cd)