Legal Opinion

Gould v. Lightstone Value Plus Real Estate Investment Trust

District Court, S.D. New York

Decided May 21, 2007No. 06 Civ. 2436(RWS)Published

1Opinion of the Court

OPINION

SWEET, District Judge.

Defendant Lightstone Value Plus Real Estate Investment Trust, Inc. (“Light-stone” or the “Defendant”) has moved under Rule 12(b), F.R. Civ. P., to dismiss the complaint of plaintiff Jonathan Gould (“Gould” or the “Plaintiff’). For the reasons set forth below, the motion is granted.

Prior Proceedings

Gould filed his complaint on March 29, 2006 and his amended complaint on July 21, 2006 alleging two causes of action, quantum meruit and unjust enrichment.

The instant motion was heard and marked fully submitted on January 25, 2007.

The Amended Complaint

Gould is an…

2Cases cited15 opinions

  1. Scheuer v. RhodesSupreme Court of the United States · 1974
  2. Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
  3. Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
  4. W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
  5. Eternity Global Master Fund Limited v. Morgan Guaranty Trust Company of New York and Jpmorgan Chase BankCourt of Appeals for the Second Circuit · 2004

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