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BENEFICIAL COMMERCIAL CORP. v. MURRAY GLICK DATSUN, INC.

No. 83 Civ. 3141 (JMC).

601 F.Supp. 770 (1985)

BENEFICIAL COMMERCIAL CORPORATION, Plaintiff, v. MURRAY GLICK DATSUN, INC., D.C. Leasing and Rental Co., Inc., Edward Lesiak, Carmela Lesiak, Dominick P. Cirelli, Sr., Kandis Cirelli, Upstate Datsun, Inc., and Nissan Motor Corporation in U.S.A., Defendants.

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

January 25, 1985.

Attorney(s) appearing for the Case

Shaw, Goldman, Licitra, Levine & Weinberg, Garden City, N.Y. (Jesse I. Levine, Garden City, N.Y., of counsel), for plaintiff.

Cadwalader, Wickersham & Taft, New York City (Howard R. Hawkins, Jr., Earl H. Nemser, New York City, Young, Rose & Millspaugh, Roseland, N.J., of counsel), for defendant Nissan Motor Corp.

MEMORANDUM AND ORDER

CANNELLA, District Judge.

Defendant Nissan Motor Corporation's ["Nissan"] motion to dismiss the amended complaint is granted in part and denied in part. Fed.R.Civ.P. 12(b)(6).

FACTS

Plaintiff commenced this action in New York Supreme Court seeking damages from defendants Nissan and Peter J. Ng for breach of fiduciary duties, damages from all other defendants for fraud, and damages from Murray Glick Datsun ["Glick"]...

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