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LUV N' CARE, LTD. v. BABELITO, S.A.

No. 03 CIV. 4468(VM).

306 F.Supp.2d 468 (2004)

LUV N' CARE, LTD., Plaintiff, v. BABELITO, S.A., Defendant.

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

March 4, 2004.

Attorney(s) appearing for the Case

Morris E. Cohen, Law Office of Morris E. Cohen, Esq., Brooklyn, NY, for Plaintiff.

DECISION AND ORDER

MARRERO, District Judge.

Defendant Babelito, S.A. ("Babelito"), an Argentinian company, moves to dismiss the complaint in this action on the ground that, among others, plaintiff Luv N' Care, Ltd. ("Luv N' Care"), improperly served Babelito. Luv N' Care responds that Babelito waived any defense to this action by its delay in answering the complaint or filing the instant motion. Luv N' Care also disputes Babelito's motion on its merits...

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