Garfield v. Palmieri

BARTELS, District Judge.

Motion by defendant to dismiss the complaint herein for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b) (6), Fed.Rules Civ.Proc., 28 U.S.C.A.

Plaintiff is counsel for Fleischer in a case entitled “Fleischer v. A. A. P., Inc.” now pending in the Southern District of New York. In this proceeding plaintiff made two motions, each before a different Judge, the first, to disqualify A.A.P.’s attorneys from participating in the action, and the second, to enjoin said attorneys pendente lite. Both motions were denied and upon appeal to the Court…