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LENEL SYS. INTL. v. SMITH

10 Misc.3d 890 (2005)

810 N.Y.S.2d 792

LENEL SYSTEMS INTERNATIONAL, INC., Plaintiff, v. RICHARD TODD SMITH, Defendant.

Supreme Court, Monroe County.

July 5, 2005.

Attorney(s) appearing for the Case

Nixon Peabody LLP, Rochester (Robert B. Callihan of counsel), for plaintiff.

McConville Considine Cooman & Morin P.C., Rochester (Jason S. DiPonzio of counsel), for defendant.

OPINION OF THE COURT

KENNETH R. FISHER, J.

Lenel Systems International, Inc. filed this action against its former employee, Richard Todd Smith, alleging two causes of action seeking a declaration that defendant is in breach of a restrictive covenant and that plaintiff is entitled to rescission of stock option agreements under the employee choice doctrine. Lenel Systems now moves for summary judgment declaring...

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