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MITCHELL v. FIDELITY BORROWING LLC

40 A.D.3d 557 (2007)

837 N.Y.S.2d 78

JUSTIN MITCHELL, Appellant-Respondent, v. FIDELITY BORROWING LLC, Respondent-Appellant.

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

Decided May 31, 2007.

Plaintiff and defendant signed an employment agreement which contained a clause providing that the plaintiff could only be terminated from his position as a consultant upon his "absolute failure to perform the contract's specification." Plaintiff was terminated four months after he began his employment and subsequently commenced this action alleging breach of the employment agreement. Defendant filed three counterclaims alleging...

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