UNITE NAT. RETIREMENT FUND v. ARIELA, INC.

No. 04-cv-9869 (BSJ).

643 F.Supp.2d 326 (2008)

UNITE NATIONAL RETIREMENT FUND, f/k/a/ I.L.G.W.U. National Retirement Fund, Plaintiff, v. ARIELA, INC., et al., Defendants.

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

June 24, 2008.


Attorney(s) appearing for the Case

David C. Sapp, for plaintiff Unite National Retirement Fund.

Joseph Lee Matalon, of Matalon & Shweky, for defendants.


Order

BARBARA S. JONES, District Judge.

Defendant Lee Ades moves to dismiss the complaint of Plaintiff UNITE National Retirement Fund pursuant to Rule 12(b)(5) alleging insufficient service. For the reasons set forth herein, this motion is DENIED.

Plaintiff attempted to serve Ades at two locations in New York, New York: 545 Eighth Avenue and 25 Central Park West, which it believed to be, respectively, Defendant's place of business and Defendant...

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