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VERTICAL COMPUTER SYS., INC. v. ROSS SYS., INC.

11 A.D.3d 375 (2004)

784 N.Y.S.2d 499

VERTICAL COMPUTER SYSTEMS, INC., a Member of NOW Solutions, LLC, in Its Own Right and in the Right of NOW Solutions, LLC, Appellant, v. ROSS SYSTEMS, INC., Respondent, et al., Defendants.

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

October 26, 2004.

In the amended complaint at issue, plaintiff Vertical Computer Systems, Inc. asserts direct claims on its own behalf and derivative claims on behalf of NOW Solutions, LLC against, among others, Ross Systems, Inc. arising out of the 2001 sale by Ross of its Human Resource-Payroll Unit Division (HR-Payroll Unit) to NOW. At all times relevant, HR-Payroll Unit's business was assembling software components into custom designed packages and providing the continuing maintenance...

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