Billings & Co. v. Pine Street Realty Associates Ltd. Partnership

MEMORANDUM AND ORDER

PETTINE, Senior District Judge.

In this breach of contract action, the Court must resolve a motion for summary judgment filed by the plaintiff pursuant to Fed.R.Civ.P. 56, as well as the defendant’s motion to dismiss the complaint, Fed.R. Civ.P. 12(b)(1), (2) and (6). For reasons which follow, both of the aforesaid motions are denied.

I. Facts

As a prologue to a recitation of the factual setting, I find that the “concise statements] of all material facts ...,” disputed and undisputed, required by Local Rule 12.1, in the form as filed by the litigants, lack all the necessary…