MATSUMURA v. BENIHANA NAT. CORP.

No. 06 Civ. 7609(NRB).

542 F.Supp.2d 245 (2008)

Mei Ping (Barbara) MATSUMURA and Carl Milner, as Trustee of the Trust u/w/o Arthur Cutler, individually and as shareholders of Haru Holding Corp., Plaintiffs, v. BENIHANA NATIONAL CORPORATION, Haru Holding Corp., and Darwin Dornbush, Defendants.

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

January 25, 2008.


Attorney(s) appearing for the Case

Alfred N. Metz, Esq., Deutsch, Coffey & Metz, LLP, New York, NY, for Plaintiffs Mei Ping (Barbara) Matsumura and Carl Milner, as Trustee of the Trust u/w/o Arthur Cutler.

Alan H. Fein, Esq., Adam M. Schachter, Esq., Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., Miami, FL, Lewis R. Clayton, Esq., Amir Weinberg, Esq., Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, for Defendants Benihan National Corporation and Haru Holding Corporation.

Jonathan J. Lerner, Esq., Maura Barry Grinalds, Esq., Skadden, Arps, Slate, Meagher & Flom, LLP, New York, NY, for Defendant Darwin Dornbush.


MEMORANDUM AND ORDER

NAOMI RE ICE BUCHWALD, District Judge.

This opinion addresses Darwin Dornbush's ("Dornbush") motion to dismiss the amended complaint pursuant to Fed. R.Civ.P. 12(b)(6). The plaintiffs Mei Ping (Barbara) Matsumura ("Matsumura") and Carl Milner ("Milner" and collectively "plaintiffs") filed the instant suit against Darwin Dornbush alleging breach of fiduciary duty, fraud in the inducement, constructive fraud, negligent misrepresentation...

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