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A.F.L. FALCK, S.p.A. v. E.A. KARAY CO., INC.

No. 85 Civ. 1998 (RWS).

639 F.Supp. 314 (1986)

A.F.L. FALCK, S.p.A., Plaintiff, v. E.A. KARAY COMPANY, INC., Defendant.

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

June 10, 1986.

Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for plaintiff; Alan Mans-field, of counsel.

Engel & Mulholland, New York City, for defendant; James G. McCarney, of counsel.

SWEET, District Judge.

Defendant E.A. Karay Company, Inc. ("Karay"), a New York buyer, has moved for summary judgment to dismiss the complaint of plaintiff A.F.L. Falck, S.p.A. ("Falck"), an Italian seller, which seeks recovery of $704,343 for goods sold and delivered. Falck cross-moved to dismiss Karay's defenses of accord and satisfaction, set-off, fraud and reformation. On the basis of the facts and conclusions set forth below, Falck's cross-motion is granted and...

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