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RED BALL INTERIOR DEMOLITION CORP. v. PALMADESSA

No. 94 Civ. 4158 (RWS).

908 F.Supp. 1226 (1995)

RED BALL INTERIOR DEMOLITION CORP. and John Palmadessa, Plaintiffs, v. Daniel PALMADESSA, Donald Palmadessa, William Palmadessa, Supreme Recycling, Inc., and Fortune Interior Dismantling Corp., Defendants.

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

November 28, 1995.

Attorney(s) appearing for the Case

William Dunnegan, New York City, for Plaintiff.

Gutman & Gutman, Forest Hills, NY (S. Mac Gutman, of counsel), for Defendant Daniel Palmadessa.

Feldman, Gold & Wachtel, Roseland, NJ (Richard Feldman, of counsel), for Defendants Donald Palmadessa, William Palmadessa, Supreme Recycling, Inc. and Fortune Interior Dismantling Corp.

OPINION

SWEET, District Judge.

Defendant Daniel Palmadessa ("Daniel") has moved for dismissal of the Amended Complaint of plaintiffs Red Ball Interior Demolition Corporation ("Red Ball") and John Palmadessa ("John") pursuant to Rule 12(b)(6), Fed.R.Civ.P., for failure to plead claims upon which relief can be granted, to Rule 9(b) Fed.R.Civ.P., for failure to plead fraud with sufficient particularity, and to Rule 56(b), Fed.R.Civ.P., for summary judgment...

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