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SIMPLY FIT OF NORTH AMERICA, INC. v. POYNER

No. 07CV5402 (ADS)(ARL).

579 F.Supp.2d 371 (2008)

SIMPLY FIT OF NORTH AMERICA, INC. d/b/a Simply Fit of the Northeast, Plaintiff, v. Cort L. POYNER, Robert L. Cox, Ishmael Gonzalez, Daniel Minahan, Simply Fit Holdings Group, Inc., and Simply Fit Holdings, L.L.C., Defendants.

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

September 26, 2008.

Attorney(s) appearing for the Case

Anthony M. Vittorioso, Esq., Brooklyn, NY, for Plaintiffs.

Altman & Company P.C., by Steven Altman, Esq., Eric Rosenberg, Esq., of counsel, for Defendants Daniel Minahan and Cort L. Poyner.

Edward F. Westfield, P.C., by Edward F. Westfield, Esq., New York, NY, for Defendant Robert L. Cox.

No Appearance for Simply Fit Holdings, LLC., Ishmael Gonzalez, Simply Fit Holdings Group, Inc., Formerly Represented by Altman & Company, P.C., Unrepresented at the Present Time.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge:

The plaintiff Simply Fit North America, Inc. d/b/a Simply Fit of the Northeast ("Northeast") commenced this action on December 28, 2007, alleging inter alia fraud and breach of contract against Cort L. Poyner, Robert L. Cox, Ishmael Gonzalez, Daniel Minahan, Simply Fit Holdings Group, Inc. ("Holdings"), and Simply Fit Holdings, L.L...

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