RKT Wins Motion to Dismiss Brought in Lieu of Answer RKT won a motion to dismiss on behalf of its clients defendants Joel Realty LLC and Joel Weiner in John Rocchetti v. Leslie Arslan Ayar et al. before Justice Brathwaite Nelson in the Supreme Court of Queens County, Index No.: 17074/2008. In this case, plaintiff tenant sought to hold co-op shareholder personally liable for the alleged harassment and assault committed by the building’s employees. Rather than draft an Answer, RKT brought a motion to dismiss all causes of action against its clients on numerous grounds, including failure to allege vicarious liability, statute of limitations and failure to state a cause of action. The Honorable Valerie Brathwaite Nelson granted RKT’s motion on all grounds.
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