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GIRARD v. 94TH STREET AND FIFTH AVENUE CORP.

No. 75 Civ. 646.

396 F.Supp. 450 (1975)

Barbara GIRARD, Plaintiff, v. 94TH STREET AND FIFTH AVENUE CORPORATION et al., Defendants.

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

June 30, 1975.

Attorney(s) appearing for the Case

Ballon, Stoll & Itzler, New York City, for plaintiff; Kenneth S. Knigin, and Howard D. Ressler, New York City, of counsel.

Shea, Gould, Climenko, Kramer & Casey, New York City, for defendants; Martin I. Shelton, and James H. Schuyler, New York City, of counsel.

OPINION

WARD, District Judge.

Defendants, 94th Street and Fifth Avenue Corporation ("the corporation") and the members of its board of directors, individually, move to dismiss the complaint pursuant to Rule 12(b)(6), Fed.R.Civ.P., for failure to state a claim upon which relief can be granted, or in the alternative, for summary judgment pursuant to Rule 56, Fed.R.Civ.P., on ground of res judicata. Since matters outside the pleadings have been presented...

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