The counterclaim for breach of contract was properly dismissed upon adequate proof that defendants have no cause of action therefor under German law since they were not party to the contracts allegedly breached (see generally, Palandt-Heinrichs, Burgerliches Gesetzbuch § 276 [7], at Rz 104 et seq. [59th ed 2000]; id. § 125 [c], at Rz 13, 14 [58th ed 1999]). With respect to defendants' counterclaim for "culpa in contrahendo" or fault in contractual...
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