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BERMAN v. SUGO LLC

No. 07 Civ. 1795(RPP).

580 F.Supp.2d 191 (2008)

Mark BERMAN, Plaintiff, v. SUGO LLC, Andrew J. Weinstein, and Isit LLC, Defendants. Sugo LLC and Andrew J. Weinstein, Counter-Plaintiffs, v. Eric Leven, Aditya Verma, Rip Road LLC, and Rip Road, Inc., Counter-Defendants.

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

Opinion Denying Reconsideration August 5, 2008.

Attorney(s) appearing for the Case

Ronald Paul Mysliwiec, The Law Offices of Ronald P. Mysliwiec, New York, NY, for Plaintiff.

Bennett Haskell Last, Gilbride, Tusa, Last & Spellane LLC, New York, NY, for Counter-Plaintiffs.

Stephen M. Kramarsky, Dewey, Pegno & Kramarsky, LLP, New York, NY, for Counter-Defendants.

OPINION & ORDER

ROBERT P. PATTERSON, JR., District Judge.

Counter-Defendants Eric Leven, Aditya Verma, Rip Road LLC, and Rip Road, Inc., move pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss each of the claims asserted against them in the Answer to Amended Complaint with Counterclaims and Third-Party Complaint dated September 25, 2007. For the reasons that follow, the motion to dismiss (Doc. No. 34) is granted in part and denied in part...

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