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DURAVEST, INC. v. VISCARDI, A.G.

No. 07 Civ. 10590(JSR).

581 F.Supp.2d 628 (2008)

DURAVEST, INC., Plaintiff, v. VISCARDI, A.G., Wollmuth Maher & Deutsch, LLP, Mason H. Drake, Esq., Bruce O'Donnell, CPA, Bruce O'Donnell CPA/PFS, P.A., Biomedical Consultants SL, Richard Markoll, and Ernestine Binder Markoll, Defendants.

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

October 7, 2008.

Attorney(s) appearing for the Case

Luis, F. Ras, Lester Schwab Latz & Dwyer, New York, NY, for Plaintiff.

Mark W. Lerner, Kasowitz, Benson, Torres & Friedman LLP, Barry Jacobs, Abrams, Gorelick, Friedman & Jacobson, P.C., Ameet B. Kabrawala, Stephen Jacobs, Landman Corsi Ballaine & Ford, PC, Peter Joseph Pizzi, Connell Foley LLP, New York, NY, for Defendants.

OPINION AND ORDER

JED S. RAKOFF, District Judge.

Plaintiff Duravest, Inc. has sued a number of individuals and entities for damages associated with Duravest's 2005 purchase of Bio-Magnetic Therapy Systems, Inc. ("BMTS"), alleging, among other things, that these individuals and entities knew BMTS was nearly worthless but engaged in fraud and misconduct to lure Duravest into purchasing it. Duravest has named the following defendants: Richard Markoll...

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