PROTTER v. NATHAN'S FAMOUS SYSTEMS, INC.

No. 95 CV 1408.

925 F.Supp. 947 (1996)

Erwin PROTTER, Fast Food Franchise, Inc., Fast Food Franchise of Broadway, Inc., and Fast Food Franchise of Steinway, Inc., Plaintiffs, v. NATHAN'S FAMOUS SYSTEMS, INC., Howard M. Lorber, Wayne Norbitz, Raymond Dioguardi and Carl Paley, Defendants.

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

May 11, 1996.


Attorney(s) appearing for the Case

Law Offices of Barry Levin by Barry Levin, Kelly Guthy, New York City, for Plaintiffs.

Arkin Schaffer & Supino by Stanley S. Arkin, Hyman L. Schaffer, Harry B. Feder, New York City, for Defendants.


MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge:

Presently before the Court is a motion to dismiss the plaintiffs' Amended Complaint, brought by the defendants Nathan's Famous Systems, Inc. ("Nathan's"), Howard M. Lorber ("Lorber"), Wayne Norbitz ("Norbitz"), Raymond Dioguardi ("Dioguardi") and Carl Paley ("Paley," collectively the "defendants") pursuant to Fed.R.Civ.P. 12(b)(6) and 9(b) on the grounds that plaintiffs' Amended Complaint is time barred...

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