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BARRY v. CURTIN

No. CV 13-1420.

993 F.Supp.2d 347 (2014)

John BARRY, Statewide Roofing, Inc., Celtic Industries Inc., 2120 Fifth Avenue Holding Co. LLC, and Curt Barr Enterprises, LLC, Plaintiffs, v. Gerald CURTIN, Pinnacle Resources, LLC, Castellano, Korenberg & Co., C.P.A.'s, P.C., Frank Scala and Swagger Consulting LLC, Defendants.

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

January 31, 2014.

Attorney(s) appearing for the Case

Simonetti & Associates by Louis F. Simonetti, Esq., Woodbury, NY, for Plaintiff.

Reisman Peirez Reisman & Capobianco LLP by Joseph Capobianco, Esq., Garden City, NY, for Defendants Gerald Curtin and Pinnacle Resources, LLC.

LeClairRyan, PC by Michael J. Case, Esq., Ronald S. Herzog, Esq., New York, NY, for Defendants Castellano, Korenberg & Co., C.P.A.'s, P.C. and Frank Scala.

Trivella & Forte, LLP by Christopher A. Smith, Esq., Jonathan Michael Bardavid, Esq., Elizabeth Wendy Mondschein, White Plains, NY, for Defendant, Swagger Consulting LLC.

MEMORANDUM AND ORDER

WEXLER, District Judge.

Before the Court is the Defendants' motion to dismiss Plaintiffs' Amended Complaint, pursuant to Federal Rules of Civil Procedure 12(b)(1), 9(b) and 12(b)(6). Plaintiffs oppose the motion; however, to the extent Defendants' motion is successful, Plaintiffs seek leave to replead a second time. For the following reasons, Defendants' motion is granted and the Amended Complaint is dismissed, with leave to replead...

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