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LEVY v. PYRAMID CO. OF ITHACA

No. 87-CV-453.

687 F.Supp. 48 (1988)

Sophie LEVY and Edgar Levy, Plaintiffs, v. PYRAMID COMPANY OF ITHACA, Defendant.

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

June 2, 1988.

Attorney(s) appearing for the Case

Blumenthal Carpenter & Berkantz, Washington, D.C. (Paul Blumenthal, of counsel), Birnbaum & Rojas, Syracuse, N.Y. (Irwin Birnbaum, of counsel), for plaintiffs.

Costello Cooney & Fearon, Syracuse, N.Y. (Robert J. Smith, of counsel), for defendant.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

Presently before the court is a motion by defendant, Pyramid Company of Ithaca ("Pyramid"), to dismiss the complaint for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6). In particular, Pyramid is claiming that action is time barred by the applicable statute of limitations.1 For the reasons set forth herein, defendant's motion is...

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