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MORTGAGE FUNDING CORP. v. BOYER LAKE POINTE, LC

No. 04 CIV. 4384(ADS)(JO).

379 F.Supp.2d 282 (2005)

MORTGAGE FUNDING CORPORATION, Plaintiff, v. BOYER LAKE POINTE, LC and Brian Gochnour, Defendants.

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

July 21, 2005.

Attorney(s) appearing for the Case

Bernstein & Bernstein, by Marc A. Bernstein, Esq., of Counsel, New York, NY, Attorneys for the Plaintiff.

The Law Offices of Share and Blejec, LLP, by Ivan F. Blejec, Esq., Of Counsel, New York, NY, Attorneys for the Defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Mortgage Funding Corporation, ("MFC" or the "Plaintiff"), a mortgage broker, commenced this diversity action against Boyer Lake Pointe, LC ("Boyer Lake") and Brian Gochnour ("Gochnour") (collectively, the "Defendants") seeking money damages for an alleged breach of an oral mortgage brokerage agreement.

Pending before the Court is a motion by the Defendants pursuant to Fed.R.Civ.P. 12(b)(2) on...

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