LACHMAN v. BELL

No. 72 Civ. 2816.

353 F.Supp. 37 (1972)

Gerald LACHMAN, Plaintiff, v. Harold K. BELL, Defendant.

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

November 30, 1972.


Attorney(s) appearing for the Case

Pollack & Singer, New York City, for plaintiff by Barry H. Singer, Martin I. Kaminsky, Neil D. Thompson, Richard M. Asche, New York City, of counsel.

Royall, Koegel & Wells, New York City, for defendant by Norman S. Ostrow, John H. Carley, New York City, of counsel.


GURFEIN, District Judge.

This is a diversity case in which a motion has been made to dismiss the complaint under Fed.R.Civ.P. 12(b)(6). Affidavits have been submitted but they are not sufficiently comprehensive for the Court to treat the motion as one for summary judgment. I, therefore, exclude matters outside the pleading. Rule 12(b)(6). For purposes of the motion to dismiss, the allegations are taken to be true.

The complaint alleges as follows:

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