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McCOY v. GOLDBERG

No. 89 Civ. 8151 (WCC).

778 F.Supp. 201 (1991)

Rose McCOY, Plaintiff, v. Gary M. GOLDBERG and Gary Goldberg & Company, Inc., Defendants and Third-Party Plaintiffs, v. Stephen RUFFINO, et al., Third-Party Defendants.

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

November 27, 1991.

Attorney(s) appearing for the Case

Thelen, Marrin, Johnson & Bridges, New York City, (Paul A. Winick, of counsel), for third-party defendants Phoenix Leasing Income Fund VI and Phoenix Leasing Inc.

Parker Chapin Flattau & Klimpl, New York City, (Stephen G. Rinehart, of counsel), for defendants and third-party plaintiffs Gary M. Goldberg and Gary Goldberg & Co., Inc.

OPINION AND ORDER

WILLIAM C. CONNER, District Judge:

Third-party defendants Phoenix Leasing Income Fund VI and Phoenix Leasing Incorporated (collectively, "Phoenix Leasing") move pursuant to Fed.Rule.Civ.P. 12(b)(6) for dismissal of the Third-Party Complaint insofar as it purports to assert claims for contribution and indemnity for common law fraud and punitive damages and for alleged violations of the Racketeering Influenced and Corrupt Organizations Act...

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