LUMBARD v. MAGLIA, INC.

No. 84 Civ. 0008 (GLG).

621 F.Supp. 1529 (1985)

Eliot H. LUMBARD, as Trustee of the Estate of Meritum Corporation, and David M. Green, as Trustee of the Estate of Carla Leather, Inc., Plaintiffs, v. MAGLIA, INC. (a/k/a "Carla Maglia, Inc."), Kalish, Rubinroit & Co., Brancorp Factors, Inc., Washington Druker, Aron Vaisman, Bernardo Druker, Hyman Rubinroit, Jack Lindner, Egidia Vaisman (a/k/a "Vivian Kopcow Vaisman"), Cristina Druker, and James Vaisman, Defendants.

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

November 12, 1985.


Attorney(s) appearing for the Case

Cleary, Gottlieb, Steen & Hamilton, New York City, for plaintiffs, Richard F. Ziegler, Robert J. Stillman, of counsel.

Philip E. Silberberg, New York City, for defendant Washington Druker.

Wiener, Zuckerbrot, Weiss & Brecher, New York City, for defendants Brancorp Factors, Inc. and Jack Lindner; Irvin Rothfarb, Theresa Dunn Fougner, of counsel.

D'Amato & Lynch, New York City, for defendants Kalish Rubinroit & Co. and Hyman Rubinroit; Andrew R. Simmonds, of counsel.


OPINION

GOETTEL, District Judge:

Before the Court are motions by the various defendants pursuant to Rules 12(b)(6), 9(b), and 12(f) of the Federal Rules of Civil Procedure. For the reasons stated below, these motions are denied.

I. Background

The amended complaint alleges the following facts which we deem true for the purpose of evaluating the defendants' motions to dismiss.1 Conley v. Gibson,...

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