625 3rd Street Associates, L.P. v. Alliant Credit Union

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

INTRODUCTION

This action involves a dispute over a real estate purchase-and-lease-back agreement. The complaint asserts ten state-law claims including for breach of the lease agreement and various business torts. All ten claims are asserted against Alliant Credit Union; two are also asserted against Stanley Abrams. This order finds that six of the claims against defendant Alliant are preempted by federal law. Therefore, Al-liant’s motion to dismiss claims four and six through ten is Granted. Furthermore, Alliant’s motion to dismiss claim five is also Granted because the allegations therein against Alliant (as opposed to Abrams) fail to satisfy the requirements of Rule 9(b). On the other hand, Alliant’s motion to dismiss claims one through three is Denied. Finally, defendant Abrams’ motion to dismiss the allegations in claims four and five against him is Denied.

STATEMENT

This suit arises from Kaiperm Federal Credit Union’s alleged breach of a purchase-and-lease-back agreement with plaintiff 625 3rd Street Associates. The office space was for the credit union’s store. Approximately one year after entering…