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ABAKAN, INC. v. UPTICK CAPITAL, LLC

No. 12 Civ. 8088 (VM).

943 F.Supp.2d 410 (2013)

ABAKAN, INC., Plaintiff, v. UPTICK CAPITAL, LLC, Defendant.

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

May 2, 2013.

Attorney(s) appearing for the Case

Steven E. Rosenfeld , Law Offices of Steven E. Rosenfeld, PC, New York, NY, for Plaintiff.

John Michael Deitch , Joseph Peter Fiteni , Mendes & Mount, LLP, Newark, NJ, for Defendant.

DECISION AND ORDER

VICTOR MARRERO, District Judge.

On November 7, 2012, Plaintiff Abakan, Inc. ("Abakan") filed the complaint (the "Complaint" or "Compl.") in this action against Defendant Uptick Capital, LLC ("Uptick"), alleging breach of contract, fraudulent misrepresentation, and unjust enrichment under New York State law. Abakan also alleged that it was entitled to reimbursement by Uptick of any legal fees incurred in connection with bringing...

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