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SIGA TECHNOLOGIES, INC. v. FISCHETTI

6 A.D.3d 299 (2004)

774 N.Y.S.2d 709

SIGA TECHNOLOGIES, INC., Respondent, v. VINCENT FISCHETTI, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 22, 2004.

There are issues of fact as to whether defendant breached the 2001 consulting agreement by failing to disclose and/or assign inventions, or by violation of confidentiality. As to proof of damages with "reasonable certainty" (Kenford Co. v County of Erie, 67 N.Y.2d 257, 261 [1986]), there has been insufficient discovery. Plaintiff has not had an opportunity to determine the relationship between...

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