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Fabry's SRL v. IFT International Inc.

No issue of fact where defendant asserted that amount of money to be transferred is ?in dispute.'

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Judge Scheindlin

FABRY’S S.R.L. v. IFT INTERNATIONAL, INC. — On December 13, 2002, Fabry’s S.r.L. (“Fabry’s”) initiated this action against IFT International, Inc. (“IFT”) and Antonio Maggioni, as officer of IFT, asserting seven claims: breach of contract, breach of agency agreement, breach of fiduciary duty, conversion, fraud, negligent misrepresentation, and unfair dealing.1 Fabry’s now moves for partial summary judgment against IFT on the breach of contract and conversion claims pursuant to Rule 56 of the Federal Rules of Civil Procedure (“Rules”). Defendants cross move pursuant to the Federal Arbitration Act, 9 U.S.C. §§3-4, to compel arbitration and stay the current action. In its reply, Fabry’s further moves for sanctions and reasonable attorney’s fees to be imposed on defendants and their counsel pursuant to Rules 11 and 56(g). For the foregoing reasons, plaintiff’s motion for partial summary judgment is granted and defendants’ cross-motion to compel arbitration is denied. Plaintiff’s motion for sanctions and attorney’s fees is also denied.

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