No. 02CV1649TCPWDW.

240 F.Supp.2d 233 (2003)

Esther C. LERNER, on behalf of herself and all others similarly situated, Plaintiff, v. Ronald FORSTER and Mark A. Garbus, d/b/a Forster & Garbus and First Select, Inc., a subsidiary of Providian Financial Corporation, Defendant(s).

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

January 22, 2003.

Attorney(s) appearing for the Case

Abraham Kleinman, Katz & Kleinman, Uniondale, NY, for Esther C. Lerner, Plaintiff.

Marian C. Rice, L'Abbate Balkan Colavita & Contini, Garden City, NY, for Ronald Forster, Mark A. Garbus, First Select, Inc., Defendants.

Gary Caplan, Sachnoff & Weaver, Ltd., Chicago, IL, for First Select, Inc., Defendant.


PLATT, District Judge.

Defendants Ronald Forster and Mark Garbus, d/b/a Forster & Garbus ("F & G"), and First Select, Inc. ("FSI") (collectively "Defendants") jointly move to dismiss the Complaint of Esther Lerner ("Lerner" or "Plaintiff), in its entirety, pursuant to Federal Rule of Civil Procedure 12(b)(6).

For the reasons discussed infra, Defendants' motion is hereby GRANTED and Plaintiffs Complaint is dismissed...

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