Plaintiff sues the defendant for nonconforming goods and failure of performance under a UCC article 2 contract and under state law. However, the lawsuit should properly have been filed under the CISG and not the UCC and state law. Is the law suit subject to a dismissal for failing to state grounds upon which relief may be granted? Or, are the claims under the UCC and state law so similar to the CISG that the law suit may go forward?