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NORTH TRIPHAMMER DEVELOPMENT v. ITHACA ASSOCIATES

No. 88 Civ. 3979 (RWS).

704 F.Supp. 422 (1989)

NORTH TRIPHAMMER DEVELOPMENT CORP., Plaintiff, v. ITHACA ASSOCIATES, Defendant and Third-Party Plaintiff, v. BMU REAL ESTATE INVESTORS CORP., Third-Party Defendant.

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

January 12, 1989.

Attorney(s) appearing for the Case

Meyer, Suozzi, English & Klein, P.C., Mineola, N.Y., for plaintiff; Brian Michael Seltzer, Kenneth L. Gartner, of counsel.

Blodnick, Pomeranz, Reiss, Schultz & Abramowitz, P.C. by Barry Golomb, New York City, for defendants; Thaler & Thaler, Ithaca, N.Y., of counsel.

OPINION

SWEET, District Judge.

Defendant Ithaca Associates ("Ithaca") has moved pursuant to Rule 12(b)(6), Fed. R.Civ.P., to dismiss the Amended Complaint of plaintiff North Triphammer Development Corporation ("North Triphammer") on the ground that it fails to state a cause of action upon which relief can be granted. North Triphammer has also moved pursuant to Rule 12(b)(6) to dismiss Ithaca's third and fourth counterclaims, and pursuant to Rule 56, Fed...

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