Legal Opinion
Newman & Schwartz v. Asplundh Tree Expert Co.
District Court, S.D. New York
Decided March 12, 1996No. 95 Civ. 0810PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM and ORDER
BATTS, District Judge.
Plaintiff brought suit for payment of legal fees alleged to be guaranteed by Defendant, but incurred by an employee of the Defendant’s subsidiary. Defendant has moved for dismissal pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim. For the reasons stated below, Defendant’s Motion is granted, and Plaintiffs Complaint is dismissed in its entirety.
I. BACKGROUND
In May 1990, Defendant Asplundh Tree Expert Co. (“Asplundh”) entered into a stock sale agreement with Robert E. Bates (“Bates”), who was the CEO and majority shareholder (Compl: ¶ 5),…
2Cases cited22 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
- James Walker v. The City of New YorkCourt of Appeals for the Second Circuit · 1992
- Seiden Associates, Inc. v. Anc Holdings, Inc., American National Can Co.Court of Appeals for the Second Circuit · 1992
- Nettie Marie Jones v. Edwin H. Weibrecht, Jr., Edwin H. Weibrecht, Jr. v. Nettie Marie JonesCourt of Appeals for the Second Circuit · 1990
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3Cited by2 opinions
- Newman & Schwartz v. Asplundh Tree Expert Co., Inc.Court of Appeals for the Second Circuit · 1996
- Allstate Insurance v. Administratia Asigurarilor De StatDistrict Court, S.D. New York · 1996