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NEWMAN v. SILVER

No. 80 Civ. 1775 (RWS).

553 F.Supp. 485 (1982)

Murray NEWMAN and Capitol Motors, Inc., Plaintiffs, v. Murray M. SILVER and Murray M. Silver, P.C. and Ralph LiButti, also known as Robert Presti, Defendants.

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

As Amended October 27, 1982.

Attorney(s) appearing for the Case

Robert A. Katz, Flushing, N.Y., for plaintiffs.

Daniel H. Greenberg, New York City, for defendants Murray M. Silver and Murray M. Silver, P.C.

Woodcock & McClure, Hackensack, N.J., for defendant Ralph LiButti; Larry J. McClure, Hackensack, N.J., of counsel.

OPINION

SWEET, District Judge.

This diversity action was commenced by Murray Newman ("Newman") against his former attorney Murray Silver ("Silver"), a resident of Georgia, and Ralph LiButti who was known to the parties at the time of the transactions in question as Robert Presti ("Presti"),1 alleged without denial to be a New Jersey resident.2 The complaint alleges

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