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CUCCOLO v. LIPSKY, GOODKIN & CO.

No. 92 Civ. 2716(CES).

826 F.Supp. 763 (1993)

Anthony CUCCOLO and Michelle Cuccolo, Plaintiffs, v. LIPSKY, GOODKIN & CO., a general partnership, Robbins, Greene, Horowitz & Co., a general partnership, Rochlin, Greenblatt & Gallo, a general partnership, Alan Greenblatt, individually, Robert Rochlin, individually, and Mark Lipsky, individually, Defendants.

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

July 13, 1993.

Attorney(s) appearing for the Case

Pollack & Greene by Michael E. Greene, Carl M. Kuntz, New York City, for plaintiffs.

Wilson, Elser, Moskowitz, Edelman & Dicker by Jonathan C. Thau, Michael L. Schwartzberg, Fred N. Knopf, New York City, for defendants Greenblatt & Rochlin.

McDonough, Marcus, Cohn & Tretter by Diane K. Kanca, New York City, for defendants Lipsky, Goodkin and Lipsky.

MEMORANDUM DECISION

STEWART, District Judge:

Defendants Lipsky, Goodkin & Co. ("LGC"), Mark Lipsky, Alan Greenblatt and Robert Rochlin move, pursuant to Federal Rules of Civil Procedure ("Fed.R.Civ.P.") 12(b) and 9(b), to dismiss the amended complaint of plaintiffs Anthony and Michelle Cuccolo. As set forth below, the motion is converted to one for summary judgment pursuant to Fed.R.Civ.P. 56 and is denied in part and granted in part.

BACKGROUND...

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