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LESAVOY v. LANE

No. 02 Civ.10162 RWS.

304 F.Supp.2d 520 (2004)

Lisa LESAVOY, as Successor Trustee of the Trust under Agreement dated 11/9/93 f/b/o Stephanie Mennen Petit; as Successor Trustee of the Trust under Agreement dated 11/9/93 f/b/o Craig Mennen Keefer, Plaintiff, v. John B. LANE, Rufus F. Land, Comart, Inc., Renee Gatullo-Wilson, Solomon Smith Barney, Inc., Kestrel, LLC and John Doe # 1 To John Doe # 10, the last ten names being fictitious and unknown to the Plaintiff, the persons or parties intended being the owners, directors, officers or other persons or corporations, if any, having participated in the matters described in the complaint, whose identity is as yet unknown to the Plaintiff, Defendants.

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

January 22, 2004.

Attorney(s) appearing for the Case

Richard Bonfiglio, Brooklyn, NY, for Plaintiff.

O'Keeffe & Lindgren, White Plains, NY (Richard J. O'Keeffe, of counsel), for Defendants John B. Lane and Kestrell, LLC.

Joel W. Collins, Jr., Columbia, SC, for Defendants John B. Lane and Kestrell, LLC.

Cleary, Gottlieb, Steen & Hamilton, New York, NY (Mitchell A. Lowenthal, Jeffrey A. Rosenthal, Rupa Mitra, Jonathan T. Salomon, of counsel), for Defendants Citigroup Global Markets, Inc. and Renee Gattullo-Wilson.

OPINION

SWEET, District Judge.

Defendants Citigroup Global Markets, Inc., sued as "Solomon Smith Barney, Inc." ("SSB"), and Renee Gatullo-Wilson ("Gatullo-Wilson") (collectively the "SSB Defendants") have moved, pursuant to Fed.R.Civ.P. 12(b)(6) and 9(b), to dismiss plaintiff Lisa Lesavoy's claims against them ("Lesavoy"). Defendants John B. Lane ("Lane") and Kestrell, LLC ("Kestrell") have also moved, pursuant to Fed.R.Civ.P. 9(b), 12(b)(3), and...

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