NOE v. FRIEDBERG

600884/08.

2009 NY Slip Op 30421 (U)

ALFRED NOE, individually and on behalf of PAXTON 350, LLC, Plaintiffs, v. ALAN B. FRIEDBERG and DAVID GRUBER Defendants.

Supreme Court of the State of New York, New York County.

February 24, 2009.


Richard B. Lowe, III:

Plaintiff moves pursuant to CPLR 3025 for an order allowing the complaint to be amended. The defendants move pursuant to CPLR 3212 for an order dismissing the complaint.

Background

Plaintiff Alfred Noe, appearing individually and on behalf of Paxton 350, LLC (Paxton), brings this action against Alan B. Friedberg (Friedberg) and David Gruber (Gruber), his co-members in Paxton. Noe claims that defendants wrongfully excluded him...

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