Lorterdan Properties at Ramapo I, L.L.C. v. Watchtower Bible and Tract Society of New York, Inc., No. 7:2011cv03656 - Document 39 (S.D.N.Y. 2012)

Court Description: OPINION AND ORDER: Defendant's Motion for Judgment on the Pleadings is GRANTED as to Plaintiff's breach of contract claim for failure to pursue a rezoning of the Property, breach of the covenant of good faith and fair dealing claims, and de claratory judgment claim. It is GRANTED without prejudice as to Plaintiff's request for specific performance in connection with Plaintiff's remaining claim. It is DENIED as to Plaintiff's breach of contract claim for failure to pay the Consulting Fee. Defendant's Cross-Motion for Summary Judgment is DENIED as to Plaintiff's breach of contract claim for failure to pay the Consulting Fee. Plaintiff's Motion for Summary Judgment is DENIED as to Defendant's breach of contract counterclaim. It is GRANTED as to Defendant's fraudulent inducement and declaratory judgment counterclaims and GRANTED without prejudice as to Defendant's request for specific performance in connection with Defendant's re maining counterclaim. The Clerk of Court is respectfully requested to terminate the pending motions, (Docs. 15, 20). The parties are to appear for a conference before this Court on July 30, 2012 at 10:30 a.m. SO ORDERED. (Signed by Judge Cathy Seibel on 7/9/2012) (lnl)