CERTILMAN v. HARDCASTLE, LTD.

No. CV 89-4088 (JM).

754 F.Supp. 974 (1991)

Bernard CERTILMAN, Robert Certilman, Lee Certilman, and Steven Certilman, Individually and as Shareholders of Hardcastle, Ltd. on Behalf of Themselves and All Other Shareholders of Hardcastle, Ltd., and Bernard Certilman, Robert Certilman, Steven Certilman, & Lee Certilman, Individually, Plaintiffs, v. HARDCASTLE, LTD., Stuart Becker, Orden Reid, William Irvin, Harry Shufrin, and James Hagadorn, Defendants.

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

January 24, 1991.


Attorney(s) appearing for the Case

Certilman Balin Adler & Hyman, East Meadow, N.Y. (M. Allan Hyman, of counsel), for plaintiffs.

McDonough Marcus Cohn & Tretter, P.C., New York City (Diane K. Kanca, of counsel), for defendants Stuart Becker and Harry Shufrin.


MEMORANDUM OF DECISION AND ORDER

MISHLER, District Judge.

Defendants Stuart Becker ("Becker") and Harry Shufrin ("Shufrin") move to dismiss the complaint pursuant to Fed.R. Civ.P. 9(b) (failure to plead fraud with particularity) and 12(b)(6) (failure to state a claim upon which relief can be granted).1

Plaintiffs allege that they were fraudulently induced by defendants into purchasing securities in defendant Hardcastle...

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