GNOC, CORP. v. ENDICO

No. 87 Civ. 7456-CLB.

692 F.Supp. 1515 (1988)

GNOC, CORP. t/a Golden Nugget Hotel & Casino, Plaintiff, v. Cecilia ENDICO, Executrix of the Estate of Leon Endico, Sr., Deceased, Defendant.

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

As Corrected September 2, 1988.


Attorney(s) appearing for the Case

Thomas Hendrickson, Greenberg, Margolis, Ziegler, Schwartz, Dratch & Fishman, P.A., Roseland, N.J., for plaintiff.

Joseph P. Governali, White Plains, N.Y. (Roger Milch, of counsel), for defendant.


MEMORANDUM AND ORDER

BRIEANT, Chief Judge.

By motions fully submitted on March 26, 1988 in this diversity action relating to certain checks issued by the deceased Leon Endico, (1) defendant Cecilia Endico, daughter-in-law and executrix of his estate, moves under Rule 12(b)6, Fed.R.Civ.P. for dismissal of the complaint for failure to state a claim upon which relief can be granted or, alternatively, for summary judgment under Rule 56, Fed.R.Civ.P., and (2...

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