It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Supreme Court properly granted defendant's motion to dismiss the complaint based on CPLR 3211 (a) (5) and (7). Plaintiff was an executive vice-president and the chief technology officer of Frontier Corporation (Frontier), a telecommunications company that merged with Global Crossing Ltd. (Global Crossing) on September...
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