Peter D. Hettinger and PDH Associates, LLC v. Kleinman et al
| Peter D. Hettinger and PDH Associates, LLC |
| Noel Kleinman, Reid Kleinman and Alpha Beauty Distributors, Inc |
| 1:2008cv06466 |
| July 21, 2008 |
| US District Court for the Southern District of New York |
| Contract: Other Office |
| XX Out of State |
| Laura Taylor Swain |
| Plaintiff |
| Diversity |
| 28:1332 Diversity-Breach of Contract |
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Filing
43
OPINION AND ORDER Accordingly, for all the foregoing reasons, I find that the Kleinmans are liable to Hettinger for breach of the Independent Contractor Agreement to the extent that they breached an implied warranty of authority to contract on behalf of Alpha Group. I also find that the Kleinmans were unjustly enriched by Hettinger's sales efforts on behalf of Alpha Beauty Distributors. 149. I find that Alpha Beauty Distributors breached its obligations to Hettinger under the Letter Agreeme nt and that the corporate veil shall be pierced to impose individual liability on Noel and Reid Kleinman for this breach. I also find that the Kleinmans are liable to Hettinger for fraud but not for negligent misrepresentation. 150. I find that Alpha Beauty Distributors is not liable to Hettinger for breach of contract, unjust enrichment, fraud, or negligent misrepresentation. 151. I find that plaintiffs are not entitled to an accounting or any relief pursuant to 43 Pa. Cons. Stat. Ann. § 1 471-78; N.Y. Lab. Law §§ 191-a-c; or Florida Stat. Ann. § 686.201. 152. I find that defendants are not liable to PDH for breach of contract, unjust enrichment, fraud, or negligent misrepresentation. 153. The Kleinmans are, therefore, l iable to Hettinger for damages totaling $247,050.62. 154. The Kleinmans are also liable to Hettinger for an amount to be determined based on additional evidence to be submitted with respect to Hettinger's actual loss resulting from the Klei nmans' breach of the implied warranty of authority and the reasonable value of Hettinger's services to the Kleinmans under an unjust enrichment theory. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 8/17/2010) Copies transmitted By Chambers (Signed by Magistrate Judge Henry B. Pitman on 8/17/2010) (jmi)
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Filing
31
SCHEDULING ORDER: Motions due by 1/12/2010. Responses due by 1/19/2010. Jury Trial set for 1/25/2010 at 10:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (Signed by Magistrate Judge Henry B. Pitman on 11/9/2009) Copies Mailed By Chambers.(jpo)
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