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TONKEN v. LOVING & WEINTRAUB INC.

No. 98 Civ. 3327 (SAS).

22 F.Supp.2d 86 (1998)

Aaron TONKEN and Aaron Tonken & Associates, LLC, Plaintiffs, v. LOVING & WEINTRAUB INC., Mary Loving, Harriet Weintraub, Jill Eisenstadt and ETRO U.S.A. Inc., Defendants.

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

September 8, 1998.

Attorney(s) appearing for the Case

Lee H. Goldberg, Gallet Dreyer & Berkey, New York City, for plaintiffs.

Santo F. Russo, Richard A. Martin, Werbel & Carnelutti, P.C., New York City, for defendants.

OPINION AND ORDER

SCHEINDLIN, District Judge.

This case involves a fairly straightforward commercial dispute. Defendant ETRO U.S.A. Inc. ("ETRO") has moved to dismiss plaintiffs' claims for breach of contract, promissory estoppel, quantum meruit, unjust enrichment and fraud pursuant to Fed. R.Civ.P. 12(b)(6). For the following reasons, ETRO's motion to dismiss the Complaint as to ETRO is granted.

I. Factual Background

ETRO is a retail...

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