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IMH BROADWAY TOWER SR. LENDER, LLC v. HERTZ

19-cv-8168 (JSR).

415 F.Supp.3d 455 (2019)

IMH BROADWAY TOWER SENIOR LENDER, LLC, et al., Plaintiffs, v. William HERTZ, et al., Defendants.

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

Signed November 14, 2019.

Editors Note
Applicable Law: 28 U.S.C. § 1332
Cause: 28 U.S.C. § 1332 Diversity Action
Nature of Suit: 190 Contract: Other
Source: PACER

Attorney(s) appearing for the Case

Christopher H. Bayley, James George Florentine, Snell & Wilmer L.L.P., Phoenix, AZ, Jonathan David Fortney, Matthew K. Kelsey, Gibson, Dunn & Crutcher, LLP, New York, NY, for Plaintiffs.

Israel Dahan, King & Spalding LLP, New York, NY, Kevin Jordan O'Brien, Thaddeus D. Wilson, King & Spalding, LLP Atlanta, GA, for Defendants.

OPINION AND ORDER

Defendants move under Fed. R. Civ. P. 12(b)(6) to dismiss Counts Three and Four of plaintiffs' breach-of-contract complaint. For the following reasons, the motion to dismiss Count Three is granted without prejudice to repleading. The motion to dismiss Count Four is denied.

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