Borumand v. Assar

DECISION AND ORDER

SIRAGUSA, District Judge.

This is a diversity action, alleging conversion, fraud, and breach of fiduciary duty. Now before the Court is defendants’ motion [# 3] to dismiss for lack of subject matter jurisdiction, lack of personal jurisdiction, improper venue, and failure to state a claim, pursuant to Rules 12(b)(1), 12(b)(2), 12(b)(3), and 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons that follow, the motion to dismiss is granted as to Zahar Assar, but is denied as to Bijan Assar.

BACKGROUND

The plaintiff, Miriam Borumand, is a resident of Rochester, New…