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HARLEY MARINE NY, INC. v. MOORE

1:23-cv-00163 (AMN/CFH).

716 F.Supp.3d 21 (2024)

HARLEY MARINE NY, INC., Plaintiff, v. Brian MOORE, Carver Companies Payroll, LLC, and Coeymans Marine Towing, LLC, doing business as Carver Towing, Defendants.

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

Signed February 9, 2024.

Attorney(s) appearing for the Case

JEFFREY KIMMEL, ESQ., SCOTT M. KESSLER, ESQ., MOHAMMAD A. YAQOOB, ESQ., AKERMAN LLP, 1251 Avenue of the Americas, 37th Floor, New York, NY 10020, Attorneys for Plaintiff.

BENJAMIN W. HILL, ESQ., THOMAS A. CAPEZZA, ESQ., ABBY MCCORMICK-FOLEY, ESQ., CAPEZZA HILL LLP, 30 South Pearl Street, Suite P-110, Albany, NY 12207, Attorneys for Defendant Brian Moore.

GLEN P. DOHERTY, ESQ., SCOTT C. PATON, ESQ., HODGSON RUSS LLP, 677 Broadway — Suite 401, Albany, NY 12207, Attorneys for Defendants Carver Companies Payroll, LLC and Coeymans Marine Towing, LLC d/b/a Carver Towing.

MEMORANDUM-DECISION AND ORDER

I. INTRODUCTION

Presently before the Court is Defendants' motions to dismiss Plaintiff Harley Marine NY, Inc.'s ("Harley," "HMNY," or "Plaintiff") Amended Complaint, Dkt. No. 27 (the "Amended Complaint"), pursuant to Rule 12(b)(6) of the Federal Rules...

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