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APPLE & EVE v. YANTAI NORTH ANDRE JUICE CO. LTD.

No. 07-CV-745 (JFB)(WDW).

499 F.Supp.2d 245 (2007)

APPLE & EVE, LLC, Plaintiff, v. YANTAI NORTH ANDRE JUICE CO. LTD., Defendant.

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

June 20, 2007.

Attorney(s) appearing for the Case

Jay R Fialkoff, Esq., Robert D. Lillienstein, Esq., and Jennifer Nigro, Esq., Moses & Singer LLP, New York, NY, for plaintiff.

Stephen M. Baldini, Esq. and Peter Guirguis, Esq., Akin Gump Strauss Feld LLP, New York, NY, and Andrew E. Anselmi, Esq. and Generosa Chirichiello, Egg., McCusker, Anselmi, Rosen, Carvelli & Walsh, P.C., Chatham, NJ, for defendant.

MEMORANDUM AND ORDER

BIANCO, District Judge.

Plaintiff Apple & Eve, LLC, brings the instant action alleging breach of contract against defendant Yantai North Andre Juice Co. Ltd. Presently before the Court is defendants motion to compel arbitration in China pursuant to the New York Convention on the Recognition and Enforcement of foreign Arbitral Awards, June 10, 1958 ("New York Convention" or the "Convention") and to dismiss the complaint. The issue...

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