BRODEUR v. MCNAMEE

No. 3:02-CV-0823.

253 F.Supp.2d 349 (2003)

Dale R. BRODEUR, Sr., Plaintiff, v. Sean McNAMEE, William Brodeur, and Northeast Fabricators, LLC, Defendants.

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

March 14, 2003.


Attorney(s) appearing for the Case

Office of Ronald Cohen, Ronald Cohen, Esq., of counsel, New York, NY, for Plaintiff.

Coughlin, Gehart Law Firm, Richard B. Long, Esq., of counsel, Binghamton, NY, for Defendants William Brodeur and Northeast Fabricators, LLC.

Office of Terence P. O'Leary, Terence P. O'Leary, Esq., of counsel, Walton, NY, for Defendant Sean McNamee.


MEMORANDUM-DECISION AND ORDER

MORDUE, District Judge.

INTRODUCTION

Defendants move to dismiss this contract action under Fed.R.Civ.P. 12(b)(1) on the ground that the claims before this Court are, in effect, a challenge to a state court judgment and are therefore barred by the Rooker-Feldman doctrine. For the reasons set forth below, the motion is denied.

COMPLAINT

In his complaint, filed June 21, 2002, plaintiff Dale R...

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