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COLONIAL ACQUISITION PART. v. COLONIAL AT LYNNFIELD

No. 86 Civ. 9423 (LLS).

697 F.Supp. 714 (1988)

COLONIAL ACQUISITION PARTNERSHIP, Windsor Associates, Steven A. Boughner and Stephen Sloan, Plaintiffs, v. COLONIAL AT LYNNFIELD, INC., Lincoln National Corporation, Richard Zipes, and I. David Swawite, Defendants.

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

October 12, 1988.

Attorney(s) appearing for the Case

Hopgood, Calimafde, Kalil, Blaustein & Judlowe, New York City (William G. Todd, Porter F. Fleming, of counsel), for plaintiffs.

Parker Chapin Flattau & Klimpl, New York City (Martin G. Bunin, of counsel), Brown Rudnick Freed & Gesmer, Boston, Mass. (Kenneth R. Davis, of counsel), for Colonial at Lynnfield, Inc.

Lane & Mittendorf, New York City (William E. Kelly, of counsel), for Lincoln Nat. Corp.

Scheffler Karlinsky & Stein, New York City (Martin E. Karlinsky, of counsel), for Richard Zipes and I. David Swawite.

OPINION AND ORDER

STANTON, District Judge.

This case arises out of an unconsummated joint venture between defendant Colonial at Lynnfield, Inc. ("Colonial Lynnfield"), and plaintiff Colonial Acquisition Partnership ("CAP"). Plaintiffs contend that defendant Colonial Lynnfield violated the federal securities laws and that all defendants committed common law fraud. Defendants move to dismiss the complaint pursuant to Fed.R.Civ.P. 9(b), 12(b)(1), 12(b)(6),...

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