Homeward Residential, Inc. v. Sand Canyon Corp.
District Court, S.D. New York
1Opinion of the Court
MEMORANDUM AND ORDER
ANALISA TORRES, District Judge:
In this diversity action, Plaintiff, Homeward Residential, Inc., sues Defendant, Sand Canyon Corporation, for breach of contract and indemnification. Defendant moves to dismiss the amended complaint (the “complaint”) pursuant to Rules 8(a), 9(b), and 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons stated below, Defendant’s motion is GRANTED in part and DENIED in part.
BACKGROUND
The following facts are taken from the complaint and accepted as true for the purposes of this motion. See ATSI Commc’ns, Inc. v. Shaar Fund, Ltd.,…
2Cases cited42 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
- ATSI Communications, Inc. v. Shaar Fund, Ltd.Court of Appeals for the Second Circuit · 2007
- Lerner v. Fleet Bank, N.A.Court of Appeals for the Second Circuit · 2006
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