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ADLER v. AZTECH CHAS. P. YOUNG CO.

No. 91 CV 5042 (KMW).

807 F.Supp. 1068 (1992)

Jack ADLER, et al., Plaintiffs, v. AZTECH CHAS. P. YOUNG COMPANY, et al., Defendants.

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

October 15, 1992.

Attorney(s) appearing for the Case

Theodore Hadjiparaskevas, O'Donnell, Fox & Gartner, New York City, for plaintiffs.

Barry H. Goldstein, O'Sullivan, Graev & Karabell, New York City, for defendants.

OPINION AND ORDER

KIMBA M. WOOD, District Judge.

Defendants move pursuant to F.R.Civ.P. 12(b)(6) to dismiss both counts of this ERISA and fraud action. Alternatively, they move, pursuant to Rule 9(b), to dismiss plaintiffs' fraud claim for failure to plead fraud with sufficient particularity, and, pursuant to Rule 12(f), to strike plaintiffs' requests for punitive damages and a jury trial on the ERISA cause of action. For the reasons explained below, I deny...

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