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NASSAU-SUFFOLK ICE CREAM v. INTEGRATED RESOURCES

No. 86 Civ. 1766 (MP).

662 F.Supp. 1499 (1987)

NASSAU-SUFFOLK ICE CREAM, INC.; Robyn Ice Cream, Inc.; Kings County Ice Cream, Inc.; North Shore Ice Cream, Inc.; Central Nassau Ice Cream, Inc.; Carolyn Ice Cream, Inc.; Lori Ice Cream, Inc.; John Luciani; and Bernard Rodin, Plaintiffs, v. INTEGRATED RESOURCES, INC.; Integrated Food Systems, Inc.; Steve's Ice Cream, Inc.; Steve's Franchise Company, Inc.; Steve's Homemade Ice Cream, Inc.; Richard Smith; Seymour Deutsch; and Andal Corporation, Defendants.

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

June 22, 1987.

Attorney(s) appearing for the Case

Milgrim Thomajan & Lee, P.C. by Lawrence I. Weinstein, New York City, Weinberg & Green by Theodore Sherbow, Henry Abrams, Michael Smith, Baltimore, Md., for plaintiffs.

Rosenman & Colin by Gerald A. Rosenberg, Maria Echaveste, New York City, for Integrated defendants.

Stroock & Stroock & Lavan by Bruce H. Schneider, Mary J. Fahey, Anthony I. Pye, New York City, for New Steve's defendants.

OPINION

MILTON POLLACK, Senior District Judge.

There are two dispositive motions against the complaint pending before the Court. The "Integrated" defendants1 have moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, and for dismissal for failure to state a claim, under Rule 12(b)(6). The "New Steve's" defendants2 have moved for dismissal under Rule 12(b)(6).

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