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WRAP-N-PACK, INC. v. KAYE

No. 06CV6034 (ADS)(ETB).

528 F.Supp.2d 119 (2007)

WRAP-N-PACK, INC., Plaintiff, v. Howard KAYE and Karen Kaye, Defendants.

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

December 14, 2007.

Attorney(s) appearing for the Case

Weinberg, Gross & Pergament, LLP, Garden City, NY (Marc A. Pergament, of Counsel), for Plaintiff.

Scarola Ellis LLP, New York City (Richard J.J. Scarola, Mark G. Peters, of Counsel), for Defendant.

MEMORANDUM OF DECISION AND ORDER

ARTHUR. D. SPATT, District Judge.

I. BACKGROUND

On November 9, 2006, Wrap-N-Pack, Inc; ("WNP" or "plaintiff") commenced this action against Howard Kaye, Karen Kaye, and Service Packaging, L.L.C., for, among other things, injunctive relief, and damages for breach of contract and breach of fiduciary duty. Thereafter, the parties stipulated to the dismissal of Service Packaging,

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