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EMPL. RELATIONS v. XPERIUS

196 Misc.2d 485 (2003)

764 N.Y.S.2d 537

EMPLOYEE RELATIONS ASSOCIATES, INC., Doing Business as EXTRA HELP EMPLOYMENT SERVICES, Plaintiff, v. XPERIUS, INC., Defendant.

Supreme Court, Monroe County.

June 18, 2003.

Attorney(s) appearing for the Case

Pitney, Hardin, Kipp & Szuch LLP, New York City (Barry Benjamin of counsel), for defendant.

Woods Oviatt Gilman LLP, Rochester (Andrew Ryan of counsel), for plaintiff.

OPINION OF THE COURT

ANDREW V. SIRACUSE, J.

The plaintiff here presents a perfectly-pleaded case against a company called Personic, a software firm that specialized in a product for recruiting firms. The complaint is not against Personic, however, but against a corporation called Xperius, which bought most if not all of Personic's assets in June 2002 after a foreclosure sale. Personic had defaulted on loans made...

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