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POLLER v. BIOSCRIP, INC.

No. 11 Civ. 1675(JPO).

974 F.Supp.2d 204 (2013)

Judy POLLER, Plaintiff, v. BIOSCRIP, INC., Defendant.

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

September 25, 2013.

Attorney(s) appearing for the Case

James P. Milbrand , Hiscock & Barclay, Buffalo, NY, Brian E. Whiteley , Carolyn Anne Marcotte, Hiscock & Barclay, L.L.P., Boston, MA, for Plaintiff.

A. Michael Weber , Gregory Bertram Reilly, III , Robert Anthony Cirino , Littler Mendelson, P.C., New York, NY, for Defendant.

OPINION AND ORDER

J. PAUL OETKEN, District Judge.

Plaintiff Judy Poller brought this declaratory judgment action against her former employer, BioScrip, Inc. ("BioScrip"), seeking a judgment declaring invalid and unenforceable a certain portion of the Restrictive Covenant Agreement ("RCA") between the parties. BioScrip counterclaimed, asserting eleven claims against Poller and her new employer, third-party defendant American Outcomes Management, Inc...

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