Legal Opinion
Simes v. Furman
District Court, S.D. New York
Decided December 19, 1988No. 86 Civ. 9750 (KTD)PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM & ORDER
KEVIN THOMAS DUFFY, District Judge:
Defendants Jeffrey Furman, Richard Sack, and Robert Dorf move pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss plaintiff Marvin Simes’ first and second claims for relief insofar as Simes seeks to recover lost profits. They also move pursuant to Fed. R.Civ.P. 11 for the imposition of sanctions. Simes consents to the motion to dismiss insofar as his first and second claims for relief sound in fraud, but argues that these causes of action sound as well in contract. In addition, defendants John M. Czygier, Jr. and Gatz, Arnoff & Czygier (the…
2Cases cited4 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Wards Company, Inc. v. Stamford Ridgeway Associates and Trim Fashions, Inc., Stamford Ridgeway AssociatesCourt of Appeals for the Second Circuit · 1985
- Toho Bussan Kaisha, Limited v. American President Lines, LimitedCourt of Appeals for the Second Circuit · 1959
- Kaplan v. ShafferAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by1 opinion
- Kinsey v. Cendant Corp.District Court, S.D. New York · 2007