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MWL BRASIL RODAS & EIXOS v. K-IV ENTERPRISES

No. 09 Civ. 4376 (VM).

661 F.Supp.2d 419 (2009)

MWL BRASIL RODAS & EIXOS LTDA, Plaintiff, v. K-IV ENTERPRISES LLC, Defendant.

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

September 11, 2009.

Attorney(s) appearing for the Case

Barry R. Fischer, Fischer & Mandell LLP, New York, NY, for Plaintiff.

Timothy Joseph Dunn, II, Dunn & Browne, LLC, River Vale, NJ, for Defendant.

DECISION AND ORDER

VICTOR MARRERO, District Judge.

Plaintiff MWL Brasil Rodas & Eixos Ltda ("MWL"), a Brazilian corporation, brought this diversity action against defendant K-IV Enterprises LLC ("K-IV"), a New Jersey corporation. MWL alleges that K-IV violated the New York Uniform Commercial Code ("NYUCC") by failing to pay for goods MWL delivered to K-IV. MWL further alleges that K-IV converted funds legally owned by MWL. K-IV moves to dismiss...

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