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KAMENS v. CHASE MAN. MORTG. & REALTY TRUST

No. 76 Civ. 4326(HFW).

443 F.Supp. 130 (1977)

Minna KAMENS, Plaintiff, v. CHASE MANHATTAN MORTGAGE AND REALTY TRUST, and the Chase Manhattan Bank, N. A., Defendants.

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

October 26, 1977.

Attorney(s) appearing for the Case

Kreindler & Kreindler, New York City, by Ronald Litowitz, Stephen J. Phillips, New York City, of counsel, for plaintiff.

Milbank, Tweed, Hadley & McCloy, New York City, by Adlai S. Hardin, Jr., Sharon W. Lindsay, New York City, of counsel, for The Chase Manhattan Bank.

Simpson, Thacher & Bartlett, New York City, by Charles E. Koob, New York City, of counsel, for Chase Manhattan Mortg. and Realty Trust.

MEMORANDUM DECISION

WERKER, District Judge.

Defendant Chase Manhattan Bank, N.A. (the "Bank") has moved to dismiss Count II of the amended class action complaint, pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, on the grounds that this claim is beyond the scope of the Court's pendent jurisdiction and that it fails to state a claim upon which relief can be granted. The Rule 12(b)(6) aspect of the motion need not be considered...

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