VALUE TIME, INC. v. WINDSOR TOYS, INC.

No. 88 Civ. 3788 (RWS).

700 F.Supp. 6 (1988)

VALUE TIME, INC., d/b/a Values Plus, Plaintiff, v. WINDSOR TOYS, INC., Defendant.

United States District Court, S.D. New York.

November 29, 1988.


Attorney(s) appearing for the Case

Golenbock and Barell, New York City (Robert S. Goodman, of counsel), for plaintiff.

Handal & Morofsky, Norwalk, Conn. (Anthony H. Handal, Christopher Grahame-Smith, of counsel), for defendant.


OPINION

SWEET, District Judge.

Plaintiff Value Time, Inc., d/b/a Values Plus ("Values Plus") has moved to dismiss the second counterclaim for fraud and the claim for punitive damages of defendant Windsor Toys, Inc. ("Windsor") for failure to state a cause of action upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). For the reasons set forth below, the motion is granted.

The Pleadings

Values Plus has sued Windsor, inter alia...

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