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LUMBARD v. MAGLIA, INC.

No. 84 Civ. 0008 (GLG).

621 F.Supp. 1542 (1985)

Eliot H. LUMBARD, as Trustee of the Estate of Meritum Corporation, and David M. Green, as Trustee of the Estate of Carla Leather, Inc. Plaintiffs, v. MAGLIA, INC. (a/k/a "Carla Maglia, Inc."), Kalish, Rubinroit & Co., Brancorp Factors, Inc., Washington Druker, Aron Vaisman, Barnardo Druker, Hyman Rubinroit, Jack Lindner, Egidia Vaisman (a/k/a "Vivian Kopcow Vaisman"), Cristina Druker and James Vaisman, Defendants. Washington DRUKER, Third-Party Plaintiff, v. Chaim Herbert LESHKOWITZ (a/k/a Herbert Leshkowitz), Third-Party Defendant. BRANCORP FACTORS, INC. and Jack Lindner, Third-Party Plaintiffs, v. Chaim Herbert LESHKOWITZ (a/k/a Herbert Leshkowitz), Third-Party Defendant.

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

November 12, 1985.

Attorney(s) appearing for the Case

Cleary, Gottlieb, Steen & Hamilton, New York City, for plaintiffs; Richard F. Ziegler, Robert J. Stillman, of counsel.

Wiener, Zuckerbrot, Weiss & Brecher, New York City, for defendants and third-party plaintiffs Brancorp Factors, Inc. and Jack Lindner; Irvin Rothfarb, Dennis M. Rothman, of counsel.

Philip E. Silberberg, New York City, for defendant and third-party plaintiff Washington Druker.

Arnoff & Merin, P.C., New York City, for third-party defendant Herbert Leshkowitz; Norman B. Arnoff, Linda K. Bernstein, of counsel.

OPINION

GOETTEL, District Judge:

Two identical third-party complaints have been filed in this action, one by Washington Druker ("Druker") and the other by Brancorp Factors, Inc. and Jack Lindner (collectively "Brancorp"). Each third-party complaint purports to state two causes of action against Chaim Herbert Leshkowitz ("Leshkowitz"), Carla Leather, Inc.'s ("Carla") former accountant. Leshkowitz now moves pursuant to Rules 9(b), 14(a), 12(b)(2), and 12(b...

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