AVAZPOUR NETWORKING v. FALCONSTOR SOFTWARE INC.

No. CV 12-3574.

937 F.Supp.2d 355 (2013)

AVAZPOUR NETWORKING SERVICES, INC., Jim Avazpour and Kim Avazpour, Plaintiff, v. FALCONSTOR SOFTWARE, INC., Defendants.

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

April 3, 2013.


Attorney(s) appearing for the Case

Lieff, Cabraser, Heimann & Bernstein, LLP, by: Jonathan D. Selbin, Esq. , Michael Joseph Miarmi, Esq. , Douglas Ian Cuthbertson, Esq. , New York, NY, Lieff, Cabraser, Heimann & Bernstein, LLP, by: Eric B. Fastiff , San Francisco, CA, for Plaintiffs.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, by: Adam Bialek, Esq. , Richard Lyle Reiter, Esq. , White Plains, NY, for Defendant.


MEMORANDUM AND ORDER1

WEXLER, District Judge.

In this diversity action, Plaintiffs assert causes of action arising out of their business relationship with Defendant. The complaint sets forth four causes of action pursuant to the laws of the State of New York, as follows: (1) gross negligence; (2) negligent misrepresentation; (3) breach of contract "(due to gross negligence)," and (4) breach of the implied covenant of good...

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