Montoya et al v. Daniel O'Connell's Sons, Inc. et al, No. 1:2015cv01580 - Document 130 (S.D.N.Y. 2017)

Court Description: OPINION AND ORDER re: 90 MOTION for Summary Judgment dismissing the complaint and all cross-claims, filed by Marist College, 86 MOTION to Dismiss , filed by Daniel O'Connell's Sons, Inc., 94 MOTION for Summary Judgment , filed by Jupiter Environmental Services, Inc., 101 MOTION to Substitute Party. Old Party: Jaime Montoya, New Party: John W. Sywilok, Esq. , filed by Jaime Montoya, Hector Restrepo. Montoya's motion to s ubstitute the Trustee as plaintiff in this action in place on Montoya is granted. Defendants' motions for summary judgment are denied as moot. The Court denies without prejudice Jupiter's request to limit the scope of damages. John W. Sywilok added. Jaime Montoya terminated. (Signed by Judge Andrew L. Carter, Jr on 3/28/2017) (ras)