Garr v. Lerner

OPINION

EDWARD WEINFELD, District Judge.

Andrew Garr, a New York attorney, commenced this suit against Stuart Lerner, a Texas resident, and Stuart Lerner Interests, an unincorporated sole proprietorship operated by Lerner, on claims arising from a letter of intent signed by the parties in connection with the sale of a parcel of real property located in Texas. The defendants move to dismiss the action under Rule 12 of the Federal Rules of Civil Procedure based upon principles of res judicata and collateral estoppel and for summary judgment under Rule 56. Plaintiff has cross-moved for permission…