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PUGACH v. M & T MORTG. CORP.

No. 2:05-cv-02498-ENV-MLO.

564 F.Supp.2d 153 (2008)

Burton N. PUGACH, Lew Markus, Michael Blanchard, as Managing Agents for St. Stephens Community Development Corp. and St. Stephens Bible College Real Estate Management Corp. appearing Qui Tam, on behalf of the United States of America, and Gordon Hilyard, as Director of St. Stephens Community Development Corp. and St. Stephens Bible College Real Estate Management Corp., Plaintiffs, v. M & T MORTGAGE CORP., Defendant.

United States District Court, E.D. New York.

June 4, 2008.

Attorney(s) appearing for the Case

Peter S. Gordon, Gordon & Gordon, PC, Flushing, NY, for plaintiff.

Todd B. Marcus, DLA Piper U.S. LLP, New York City, for defendant.

MEMORANDUM AND ORDER

VITALIANO, District Judge.

On October 8, 2007 this Court granted defendant's motion to dismiss plaintiffs' claims under the False Claims Act, 31 U.S.C. §§ 3729, 3730(b), and held that an award of attorneys' fees pursuant to 31 U.S.C. § 3730(d)(4) was appropriate because plaintiffs had brought and maintained a frivolous action and had done so vexatiously. Defendants have submitted affirmations in support of their...

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