Faggionato v. Lerner

MEMORANDUM AND ORDER

PRESKA, District Judge.

Plaintiff Anne Faggionato (“Faggiona-to”) brought the above-captioned action seeking specific performance, damages including lost profit and/or sales commissions and damages for loss of reputation, and costs, of a supposed agreement by Defendant Randolph D. Lerner (“Lerner”) to purchase a painting. Lerner now moves to dismiss this action pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction and Rule 12(b)(6) for failure to state a claim upon which relief may be granted. For the following reasons,…