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BAY FIREWORKS, INC. v. FRENKEL & CO., INC.

No. 04-CV-2463(ADS)(ETB).

359 F.Supp.2d 257 (2005)

BAY FIREWORKS, INC., Plaintiff, v. FRENKEL & CO., INC., Intermodal Transportation Services, Inc., The Miller Insurance Group, Ltd., Lloyds of London, Ltd., AGF Aviation Marine Transport, Union Dry Dock & Repair Co., Defendants.

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

March 5, 2005.

Attorney(s) appearing for the Case

The Creadore Law Firm by Donald E. Creadore, Esq., New York City, for plaintiff Bay Fireworks, Inc.

Nicoletti Hornig Campise Sweeney & Paige by Michael A. Castelli, Esq., of Counsel, New York City, for defendants Frenkel & Co., Inc., and AGF Aviation Marine Transport.

McMahon, Martine & Gallagher by Patrick Walsh Brophy, Esq., New York City, for defendant Intermodal Transportation Services, Inc.

Thomas E. Stiles, ESQ., Brooklyn, NY, for defendant Union Dry Dock & Repair Co.

No Appearance for The Miller Insurance Group, Ltd., and Lloyds of London, Ltd.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Presently before the Court is the motion of defendants Frenkel & Co., Inc., ("Frenkel"), AGF Aviation Marine Transport ("AGF"), and Union Dry Dock & Repair Co. ("UDD") to dismiss the complaint of Bay Fireworks, Inc., ("BFI" or the "Plaintiff") (collectively, the "Defendants"), on the basis of res judicata, or in the alternative, for failure to state a claim under Rule 12(b)(6) of the Federal...

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