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FRIEDMAN v. HARTMANN

No. 91 Civ. 1523 (PKL).

787 F.Supp. 411 (1992)

Jay FRIEDMAN, Tamiko Shibamura, Shin Nagase, and Realty Group International (U.S.A.), Inc., Plaintiffs, v. Robert D. HARTMANN, Gerard J. Muro, William P. Farrell, Steven Witten, Joseph R. Daly, Real Estate Plus, Inc., Harley Associates, Ltd., 714 Main Associates, Colony Beach Associates, Newbrite Associates Limited Partnership, and Newbrite Associates, Defendants. Robert D. HARTMANN, Real Estate Plus, Inc., Harley Associates, Ltd., 714 Main Associates and Colony Beach Associates, Third-Party Plaintiffs, v. Kathy K. PRIEST, Snyder and Priest, and James M. O'Connor, Third-Party Defendants.

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

March 30, 1992.

Attorney(s) appearing for the Case

Marc Bogatin, New York City, for third-party plaintiffs.

D'Amato & Lynch (Robert E. Kushner, of counsel), Paul, Weiss, Rifkind, Wharton & Garrison (Max Gitter, of counsel), New York City, for third-party defendants Kathy K. Priest and Snyder & Priest.

Ohrenstein & Brown (Mark J. Bunim, of counsel), New York City, for third-party defendant James M. O'Connor.

ORDER AND OPINION

LEISURE, District Judge:

The third-party defendants in this action have moved, pursuant to Fed.R.Civ.P. 12(b)(6), to dismiss the third-party complaint for failure to state a claim upon which relief can be granted. For the reasons stated below, the motion of the third-party defendants is granted.

Background

I. The Main Action

Plaintiffs have brought this action against defendants for fraud; violations of...

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