District Court, S.D. New York December 21, 1999, No. 98-Civ.-6553(RLC) (Krape v. PDK Labs Inc.)

OPINION

CARTER, District Judge.

Defendant, Perry D. Krape Incorporated (“PDK”) moves to dismiss the Employment Retirement Income Security Act (“ERISA”) claim of plaintiff, Perry D. Krape, pursuant to Rule 12(b), F.R.Civ.P., on the grounds of improper venue, defective service of process, and failure to state a claim; defendant also requests that it be awarded attorneys’ fees and costs.