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McCOY v. GOLDBERG

No. 89 Civ. 8151 (WCC).

748 F.Supp. 146 (1990)

Rose McCOY, Plaintiff, v. Gary M. GOLDBERG and Gary Goldberg & Company, Inc., Defendants.

United States District Court, S.D. New York.

As Amended November 16, 1990.

Attorney(s) appearing for the Case

Deutsch and Frey, New York City (Robert E. Frey, Herbert I. Deutsch, Ganine Gambale, Richard Rosenzweig, Law Student, of counsel), for plaintiff.

Parker Chapin Flattau & Klimpl, New York City (Charles P. Greenman, Stephen G. Rinehart, of counsel), for defendants.

OPINION AND ORDER

WILLIAM C. CONNER, District Judge.

Defendants move this Court to (1) dismiss the complaint for failure to state a claim upon which relief may be granted, Fed.R.Civ.P. 12(b)(6); (2) dismiss several claims for failure to plead fraud with particularity, Fed.R.Civ.P. 9(b); and (3) dismiss the pendent state claims for lack of subject matter jurisdiction, Fed.R.Civ.P. 12(b)(1).

FACTS

Plaintiff Rose McCoy, a part-time nurse,...

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