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KIRK v. HEPPT

No. 05 CIV. 9977(RWS).

532 F.Supp.2d 586 (2008)

Daniel KIRK and Linda Kirk, Plaintiffs, v. Joseph M. HEPPT, Esq., Defendant.

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

January 9, 2008.

Attorney(s) appearing for the Case

Daniel Kirk, Middletown, NJ, pro se. Linda Kirk, Middletown, NJ, pro se.

Joseph M. Heppt, Esq., New York, NY, pro se.

OPINION

SWEET, District Judge.

Defendant, pro se, Joseph M. Heppt ("Heppt" or the "Defendant") has moved, presumably under Rule 12(b)(6), Fed. R.Civ.P., to dismiss the four causes of action set forth in the complaint of plaintiffs, pro se, Daniel Kirk ("Daniel") and Linda Kirk (collectively, the "Kirks" or the "Plaintiffs"). The Kirks have cross-moved to dismiss the counterclaim of Heppt alleging breach of contract, account stated, and defamation...

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