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UTC FIRE & SEC. AMERICAS CORP. v. NCS POWER

No. 10 Civ. 6692(LTS)(THK).

844 F.Supp.2d 366 (2012)

UTC FIRE & SECURITY AMERICAS CORP., INC., Plaintiff, v. NCS POWER, INC., Defendant. NCS Power, Inc., Third-Party Plaintiff, v. Yoku Energy Technology, Inc., Third-Party Defendant.

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

February 10, 2012.

Attorney(s) appearing for the Case

Gary Alexander Stahl, Clifton Scott Elgarten, Crowell & Moring LLP, New York, NY, for Plaintiff.

Anthony F. Tagliagambe, Brian Adam Kalman, London Fischer, LLP, Gerald Grunsfeld, Biedermann, Reif, Hoenig & Ruff, New York, NY, for Defendant/Third-Party Plaintiff.

Susan Charters, Kardaras & Kelleher LLP, New York, NY, for Third-Party Defendant.

MEMORANDUM OPINION AND ORDER

LAURA TAYLOR SWAIN, District Judge.

In this breach of contract action, third-party Plaintiff NCS Power, Inc. ("NCS") asserts that third-party Defendant Yoku Energy Technology Ltd. ("Yoku") supplied nonconforming lithium-ion batteries to Plaintiff UTC Fire & Security Americas Corp., Inc. ("UTC"). Yoku now moves for summary judgment, arguing that this Court lacks personal jurisdiction over Yoku. The Court has diversity...

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