Ross et al v. Thomas et al, No. 1:2009cv05631 - Document 50 (S.D.N.Y. 2010)

Court Description: OPINION AND ORDER #98619 that for the reasons set forth herein the defendants' motion to dismiss is granted. Plaintiffs' Seventh and Eighth Causes of Action are dismissed without prejudice to refile it defendants refuse to honor the exerci se of plaintiffs' Put Option after the Company has obtained Entitlement. Because I conclude that the plaintiffs' Seventh and Eighth Causes of Action should be dismissed, plaintiffs' motion for summary judgment on these causes of action is denied. The Clerk of the Court is directed to close these motions (Docket No. 34 and 42). A conference is scheduled for 3/9/10 at 4:30 p.m. (Signed by Judge Shira A. Scheindlin on 3/1/10) (dle) Modified on 3/5/2010 (ajc).