James v. Home Const. Co., Inc.

ORDER

HAND, District Judge.

This matter is presently before the Court on the defendants’ motion to dismiss and, in the alternative, on the defendants’ motion in opposition to the maintenance of this lawsuit as a class action.

In their motion to dismiss, the defendants contend that the complaint and the amended complaint failed to state a claim upon which relief can be granted, alleging that the plaintiff has no individual claim on the ground that the claim he seeks to advance did not survive the death of his decedent mother.

The facts under which the claim arises are not in dispute. Rebecca G.…