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EAST/WEST VENTURE v. WURMFELD ASSOCIATES, P.C.

No. 88 Civ. 7459 (RPP).

722 F.Supp. 1064 (1989)

EAST/WEST VENTURE and Philip Birnbaum & Associates, P.C., Plaintiffs, v. WURMFELD ASSOCIATES, P.C., Defendant.

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

October 11, 1989.

Attorney(s) appearing for the Case

Mark Jon Sugarman, Robinson, Silverman, Pearce, Aronsohn & Berman, New York City, for plaintiff East/West Venture.

LePatner, Gainen & Block, New York City, for plaintiff Philip Birnbaum & Associates, P.C.

Gerald M. Levine, Gallet Dreyer & Berkey, New York City, for Wurmfeld Associates, P.C.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Defendant Wurmfeld Associates, P.C. (Wurmfeld), an architectural firm, moves, pursuant to Federal Rule of Civil Procedure 12(b)(6), to dismiss the complaint in this action for declaratory relief. Defendant contends the complaint fails to state a proper claim and to set forth an actual controversy.

Wurmfeld was the creator of eight sets of architectural plans (the Wurmfeld Plans) which were...

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