Defendant, the Western Union Telegraph Company (Western Union), moves pursuant to CPLR 3211 (subd [a], par 2) to dismiss the complaint herein for lack of subject matter jurisdiction. The complaint, in this action commenced by Western Union International, Inc. (WUI), seeks (1) a judgment declaring valid and enforceable a noncompetition clause of a contract entered into between defendant and a corporation not a party to this action...
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