UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
November 10, 2008
OPTO GENERIC DEVICES, INC., PLAINTIFF,
AIR PRODUCTS & CHEMICALS, INC., DEFENDANT.
The opinion of the court was delivered by: David N. Hurd United States District Judge
Defendant moved to dismiss Claim IV and the claims for punitive and consequential damages. Plaintiff opposed only as to the claim for consequential damages.
Accordingly, it is
1. Defendant's motion to dismiss is GRANTED as to Claim IV and the claim for punitive damages;
2. Defendant's motion to dismiss the claim for consequential damages is DENIED without prejudice; and
3. Count IV and the punitive damages claims are DISMISSED.
IT IS SO ORDERED.
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