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BROWNING AVE. REALTY CORP. v. ROSENSHEIN

No. 90 Civ. 8158 (RWS).

774 F.Supp. 129 (1991)

BROWNING AVENUE REALTY CORP., individually and on behalf of Cross County Square Associates, a joint venture, Plaintiffs, v. Bernard J. ROSENSHEIN and Rosenshein Associates, Ira Rubin, Krasnow, Cohen, Gaft & Rubin, Alfred Wilner and Alfred Wilner, Inc., Defendants.

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

August 7, 1991.

Attorney(s) appearing for the Case

Kalnick, Jackson, Klee & Green, P.C. (Stuart A. Jackson, of counsel), New York City, for plaintiffs.

Wilson, Elser, Moskowitz, Edelman & Dicker (Thomas R. Manisero, Dennis Justin Kelly, of counsel), New York City, for defendants Ira Rubin and Krasnow, Cohen, Gaft & Rubin.

L'Abbate & Balkan (Anthony P. Colavita, Marie Ann Hoenings, Judith M. Rosen, of counsel), Garden City, N.Y., for defendants Alfred Wilner and Alfred Wilner, Inc.

OPINION

SWEET, District Judge.

Defendants Ira Rubin and his accounting firm, Krasnow, Cohen, Gaft & Rubin (collectively "Rubin") and defendants Alfred Wilner and Alfred Wilner, Inc. (collectively "Wilner") have moved under Rules 9(b) and 12(b)(6), Fed.R.Civ.P., to dismiss the complaint of plaintiffs Browning Avenue Realty Corp. ("Browning") on behalf of the joint venture Cross County Square Associates (the "joint venture") of which Browning is general...

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