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  5. 67 F.Supp.2d 99 (1999)
 

G.G.G. PIZZA, INC. v. DOMINO'S PIZZA, INC.

No. CV 97-4690(DRH).

67 F.Supp.2d 99 (1999)

G.G.G. PIZZA, INC., Plaintiff, v. DOMINO'S PIZZA, INC. and T.S.M. Leasing Corp., Defendants.

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

August 11, 1999.

Attorney(s) appearing for the Case

William H. Sweeney, Jr., Hauppauge, NY, for Plaintiff.

Fredric A. Cohen, Mai S. Shiver, Rudnick & Wolfe, Chicago, IL, Edward J. Henderson, Linda M. Baldwin, Haythe & Curley, New York City, for Defendant Domino's Pizza, Inc.

MEMORANDUM AND ORDER

HURLEY, District Judge.

Pending before the Court is the motion of Defendant Domino's Pizza, Inc. ("DPI") to dismiss the Complaint for failure to state a claim, pursuant to Federal Rule of Civil Procedure ("Rule") 12(b)(6), or, alternatively, to dismiss the Complaint for Plaintiff's failure to serve timely the Complaint, pursuant to New York Civil Practice Law and Rules Section 3012(b). For the reasons that follow, the motion is...

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