E & B GIFTWARE, LLC v. FUNGOPLAY, LLC

Docket No. 450188/2014, Motion Sequence No. 001.

2014 NY Slip Op 31431(U)

E & B GIFTWARE, LLC, Plaintiff, v. FUNGOPLAY, LLC, FABIAN NICIEZA, STEVEN N. LERNER, and DAVID W. JACOBS, Defendants.

Supreme Court, New York County.

May 28, 2014.


DECISION AND ORDER

MELVIN L. SCHWEITZER, Judge.

Plaintiff E & B Giftware, LLC (E & B) moves for an order, pursuant to CPLR 3211 (a) (1) and (7) to dismiss the counterclaim of defendant FunGoPlay, LLC (FunGoPlay).

In this action for goods sold and delivered, E & B, a manufacturer of consumer goods, is seeking payment on unpaid invoices for electronic soccer balls and frisbees it manufactured and supplied to FunGoPlay. FunGoPlay interposed...

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