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ROSS v. THOMAS

No. 09 Civ 5631(SAS).

728 F.Supp.2d 274 (2010)

Joel ROSS, Eric Levine, and Jerde Development Company, Plaintiffs, v. Stanley E. THOMAS and S. Thomas Enterprises of Sacramento, LLC, Defendants.

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

July 15, 2010.

Attorney(s) appearing for the Case

Gerald Padian, Esq., Bradley M. Rank, Esq., Howard M. Raber, Esq., Tashjian & Padian, New York NY, for Plaintiffs.

Edward R. Gallion, Esq., Steven Spielvogel, Esq., Gallion & Spielvogel LLP, New York, NY, for Defendants.

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION

Joel Ross, Eric Levine, and Jerde Development Company (f/k/a JPI Development Company) (collectively, "Plaintiffs") bring this action against Stanley E. Thomas and S. Thomas Enterprises of Sacramento, LLC (the "Company") (collectively, "Defendants"). Plaintiffs contend that both Defendants breached the terms of, and Thomas breached his guarantee of, their July 13, 2004...

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