Frederick Ulbrich et al. v. Kelly J. Groth et al. (2010)

Caption Date:

ORDER

THE COURT'S ORDER OF MAY 19, 2010 GRANTING THE DEFENDANT TD BANKNORTH'S MOTION FOR SUMMARY JUDGMENT (# 228) AS TO COUNT 12 OF THE PLAINTIFFS' MAY 11, 2009 CORRECTED THIRD AMENDED COMPLAINT IS HERESY VACATED SUA SPONTE, THE COURT CONCLUDING THAT THE ORDER GRANTING THE DEFENDANT'S MOTION AS TO COUNT 12 WAS IMPROVIDENTLY GRANTED.   AFTER FURTHER CONSIDERATION, THE COURT CONCLUDES THAT THERE EXIST MATERIAL ISSUES OF DISPUTED FACT PRECLUDING SUMMARY DISPOSITION.

STEVENS, J.

Stevens, Barry K., J.