Travelers Insurance v. 633 Third Associates

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

Accepting the invitation extended by the Second Circuit in Travelers Insurance Company v. 633 Third Associates, 973 F.2d 82 (2d Cir.1992), with which familiarity is assumed, plaintiff Travelers has filed an amended complaint for equitable relief to prevent waste, for specific performance, and to set aside allegedly fraudulent conveyances. Defendants move to dismiss the amended complaint under Rule 12(b)(6), Fed.R.Civ.P., for failure to state a claim upon which relief can be granted, or in the alternative for summary judgment under Rule 56.

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