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Munn v. APF Mgmt. Co. LLC

Claim Not Stated Under 26 USC §7434, Interference With Business Benefit Not Recognized

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OPINION & ORDER Before the Court are the motions to dismiss of Defendants Selznick & Co. LLP and Joseph Klausner (together, the “Selznick Defendants”), (Doc. 37), and Defendants Carl E. Petrillo, Gregory J. Petrillo, Matthew J. Petrillo (together, the “Petrillo Defendants”), and APF Management Company, LLC (“APF” and, together with the Petrillo Defendants, the “APF Defendants”), (Doc. 42). For the following reasons, the motions are GRANTED. I. BACKGROUND I accept as true the facts, but not the conclusions, set forth in Plaintiff’s Second Amended Complaint, (Doc. 36 (“SAC”)), as supplemented by documents incorporated therein. Plaintiff Molly Munn contributed $400,000 to become a member and 50 percent owner of APF when the company was formed in 2011. (Id.

11-13; id. Ex. A at 1.) The other half of APF is owned by the Petrillo Defendants, who collectively contributed the same amount in exchange for their membership and ownership interests. (Id.

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