Legal Opinion

Aegis Realty Corp. v. Langer (In Re Aegis Realty Corp.)

United States Bankruptcy Court, S.D. New York

Decided October 31, 2003No. 18-23755PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM DECISION ON DEFENDANTS MOTION TO DISMISS

ROBERT D. DRAIN, Bankruptcy Judge.

Defendant Larry Langer (“Langer”) has moved under Fed.R.Civ.P. 12(b)(1) and 12(b)(6), as incorporated by Bankruptcy Rule 7012, to dismiss the complaint of Aegis Realty Corp. and Broadway Heights Associates, LLC., debtors and debtors in possession herein (together, the “Debtors”). In this adversary proceeding the Debtors claim that Langer fraudulently induced their entry into a partnership agreement, giving rise to actual and punitive damages. Langer moves to dismiss the Debtors’ complaint because (1) neither…

2Cases cited17 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
  4. Todd v. Exxon Corp.Court of Appeals for the Second Circuit · 2001
  5. Villager Pond, Inc. v. Town of DarienCourt of Appeals for the Second Circuit · 1995

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3Cited by2 opinions

  1. Wilkes Ex Rel. Mason v. Phoenix Home Life Mutual Ins. Co.Supreme Court of Pennsylvania · 2006
  2. Wilkes Ex Rel. Mason v. Phoenix Home Life Mutual Ins. Co.Supreme Court of Pennsylvania · 2006

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