BARNUM v. MILLBROOK CARE LTD. PARTNERSHIP

No. 93 Civ. 4670 (RWS).

850 F.Supp. 1227 (1994)

Vivian June BARNUM, Plaintiff, v. MILLBROOK CARE LIMITED PARTNERSHIP, Reis Capital Management, Inc., David Reis, individually and in his capacity as President of Reis Capital Management, Inc., Defendants.

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

May 12, 1994.


Attorney(s) appearing for the Case

Holtzman & Taikeff, New York City, for plaintiff (Stuart Holtzman and Edwin Oppenheimer, of counsel).

Hofheimer Gartlir & Gross, New York City, for defendants (Douglas Gross, of counsel).


OPINION

SWEET, District Judge.

Defendants Millbrook Care Limited Partnership ("Millbrook"), Reis Capital Management, Inc. ("Reis Inc."), and David Reis ("Reis"), individually and as President of Reis Inc., (collectively, the "Defendants"), move to dismiss the Complaint of Plaintiff Vivian June Barnum (the "Plaintiff" or "Barnum"), pursuant to Rule 12(b)(6) or Rule 9(b), Fed.R.Civ.Pro. or, in the alternative, for an order granting summary judgment...

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