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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