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E.S. ORIGINALS INC. v. TOTES ISOTONER CORP.

No. 08 Civ 1945 (PKL).

734 F.Supp.2d 523 (2010)

E.S. ORIGINALS INC., Plaintiff, v. TOTES ISOTONER CORPORATION, Defendant.

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

August 20, 2010.

Attorney(s) appearing for the Case

Lowenstein Sandler PC, Steven M. Hecht, Esq., Jeffery J. Wild, Esq., New York, NY, for Plaintiff E.S. Originals, Inc.

Cohen & Gresser LLP, Mark S. Cohen, Esq., Daniel H. Tabak, Esq., Oliver Haker, Esq., New York, NY, for Defendant Totes Isotoner Corporation.

OPINION AND ORDER

LEISURE, District Judge.

This is a diversity action for: (i) breach of contract; (ii) breach of the implied covenant of good faith and fair dealing; and (iii) indemnification. Defendant, Totes Isotoner Corp. ("Totes"), moves to dismiss each of plaintiff's, E.S. Originals Inc.'s ("ESO"), causes of action for lack of subject matter jurisdiction. Alternatively, Totes moves to compel arbitration and to stay this action pending the outcome...

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