ORDER
LEWIS A. KAPLAN, District Judge.
Plaintiff and defendants cross-move for partial summary judgment. In an extensive and thorough report and recommendation dated August 28, 2009 (the "R & R"), Magistrate Judge Michael H. Dolinger recommended that defendants' motion be granted in part and denied in part and that plaintiffs motion be denied. Both sides have objected to the R & R at least in certain respects.
Having carefully considered...
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