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BERK v. NEMETZ

No. 85 CIV. 8956 (PKL).

646 F.Supp. 1080 (1986)

Phyllis BERK, Plaintiff, v. Zena NEMETZ and Back Bay Restorations, Inc., as general partners of Back Bay Restoration Company, a Limited Partnership; Julie Nicholas Gates, as Executrix of the Estate of Alfred Percy Gates, Jr., deceased, Defendants.

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

November 4, 1986.

Attorney(s) appearing for the Case

Meissner, Tisch & Kleinberg, New York City, for plaintiff; Samuel Rosenberg, of counsel.

Andrea Mobilia, Boston, Mass., for defendants.

OPINION & ORDER

LEISURE, District Judge:

In this diversity action plaintiff, Phyllis Berk, a citizen and resident of New York, has sued defendants Zena Nemetz and Back Bay Restorations, Inc. ("Restorations"), as general partners of Back Bay Restoration Company ("BBR"), a limited partnership, all residents and domiciliaries of Massachusetts, and Julie Gates, a resident of Texas, as executrix of the Estate of Alfred Gates, Jr. Plaintiff's claim is twofold...

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