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WEISBERG v. SMITH

No. 05 CIV. 7478(LAK).

401 F.Supp.2d 359 (2005)

Tammy Michaels WEISBERG, Plaintiff, v. Gregory John SMITH a/k/a David Roberts and Joseph Regal, Defendants.

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

November 17, 2005.

Attorney(s) appearing for the Case

Robert W. Ottinger, The Ottinger Firm, P.C., for Plaintiff.

Alan Effron, Pelosi Wolf Effron & Spates LLP, for Defendant Joseph Regal.

MEMORANDUM OPINION

KAPLAN, District Judge.

This contract dispute is before the Court on the motion of defendant Joseph Regal to dismiss the complaint for failure to join an indispensable party and failure to state a claim upon which relief may be granted.

Facts

The Amended Complaint

According to the amended complaint, the allegations of which are accepted as true for purposes of this motion, plaintiff represented defendant...

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