RATTIGAN v. COMMODORE INTERN. LTD.

No. 87 Civ. 2729 (MBM).

739 F.Supp. 167 (1990)

Thomas J. RATTIGAN, Plaintiff, v. COMMODORE INTERNATIONAL LIMITED, Defendant. COMMODORE INTERNATIONAL LIMITED, Counterclaim Plaintiff, v. Thomas J. RATTIGAN, Counterclaim Defendant.

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

June 5, 1990.


Attorney(s) appearing for the Case

Jonathan L. Rosner, Rosner & Goodman, New York City, for plaintiff-counterclaim defendant.

Michael A. Cardozo, Michele M. Ovesey, Claudia Grossman Jaffe, Proskauer Rose Goetz & Mendelsohn, New York City, for defendant-counterclaim plaintiff.


OPINION AND ORDER

MUKASEY, District Judge.

Defendant Commodore International Limited moves for an order declaring § 9(a) of the employment agreement between plaintiff Thomas Rattigan and Commodore to be unenforceable as a penalty. For the reasons set forth below, defendant's motion is denied.

I.

The basic facts and contentions in this case have been set forth previously in the opinion and order denying summary judgment, issued on May...

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