1. Home
  2. Browse Decisions
  3. F.Supp.
  4. 823 F.Supp.
  5. 823 F.Supp. 151 (1993)
 

P.A. BERGNER & CO. v. MARTINEZ

No. 92 Civ. 6501 (RWS).

823 F.Supp. 151 (1993)

P.A. BERGNER & CO., Plaintiff, v. Arthur C. MARTINEZ and Sears, Roebuck & Co., Defendants.

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

May 25, 1993.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges, New York City by Michael A. Epstein, of counsel, for plaintiff.

Sullivan & Cromwell, New York City by Gandolfo V. DiBlasi, of counsel, for defendants.

OPINION

SWEET, District Judge.

Defendants, Arthur C. Martinez ("Martinez") and Sears, Roebuck & Co. ("Sears"), have moved to dismiss the complaint of Plaintiff P.A. Bergner & Co. ("Bergner") pursuant to Rule 12(b)(6) and Rule 9(b), Fed. R.Civ.P. For the reasons given below, the motion is denied.

Facts

On a motion to dismiss, the court will accept the facts supplied by the non-movant and draw all inferences in the opposing...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases