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MARIETTA CORPORATION v. PACIFIC DIRECT, INC.

9 A.D.3d 815 (2004)

781 N.Y.S.2d 387

MARIETTA CORPORATION, Respondent-Appellant, v. PACIFIC DIRECT, INC., Appellant-Respondent.

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

July 29, 2004.

PETERS, J.

When this matter was last before us, we vacated a preliminary injunction that Supreme Court had issued which included a condition that plaintiff post an undertaking in the amount of $350,000 pursuant to CPLR 6312 (b) (301 A.D.2d 734 [2003]). This injunction had barred plaintiff's former employee, Thomas Fairhurst, from continuing to work for defendant (id.). Our decision prompted defendant to amend its answer to...

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