LESLIE FAY, INC. v. RICH

No. 79 Civ. 418.

478 F.Supp. 1109 (1979)

LESLIE FAY, INC., Carlye Dress Corporation, Carlye Junior Sportswear, Inc. and Carlye Manufacturing Corporation, Plaintiffs, v. Melvin RICH and Arthur Feinberg, Defendants.

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

October 18, 1979.


Attorney(s) appearing for the Case

Parker, Chapin, Flattau & Klimpl, New York City, for plaintiffs by Mark Abramowitz, Menachem J. Kastner, New York City.

Newman, Tannenbaum, Helpern & Hirschtritt, New York City, for defendants by Stuart B. Newman, New York City.


OPINION

SOFAER, District Judge:

Plaintiffs in this diversity action sued defendants as guarantors of an assignment and fixture lease. The amended complaint alleges two claims. The first seeks $14,954.46 as the unpaid rent on a real property lease. The second seeks $19,768.41 as the unpaid rent on a fixture lease. Defendants do not dispute plaintiffs' allegations of nonpayment, but contest their liability on various grounds. Plaintiffs have moved for summary...

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