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RECIPROCAL MERCHANDISING v. ALL ADVERTISING ASSOC.

No. 88 Civ. 8055 (SWK).

163 B.R. 689 (1994)

RECIPROCAL MERCHANDISING SERVICES, INC., Plaintiff, v. ALL ADVERTISING ASSOCIATES, INC., Lino Associates, Inc. and Alfred L. Lino, Sr., Defendants.

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

January 31, 1994.

Attorney(s) appearing for the Case

Levine & Dembia by Michael L. Levine, New York City, for plaintiff.

Camhy Karlinsky & Stein by Martin E. Karlinsky, New York City, for defendants.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

In this action for unjust enrichment and breach of an alleged oral contract, defendants move for an order, pursuant to Federal Rule of Civil Procedure 56(a), granting them summary judgment and dismissing plaintiff's amended complaint on the grounds of (1) judicial estoppel; and (2) failure of proof. Plaintiff opposes the motion. For the reasons set forth below, the defendants' motion is denied.

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