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MARKETAXESS HOLDINGS INC. v. ZIEGELBAUM

17 Misc.3d 647 (2007)

843 N.Y.S.2d 817

MARKETAXESS HOLDINGS INC., Plaintiff, v. MICHAEL H. ZIEGELBAUM, Defendant. In the Matter of MARKETAXESS CORPORATION, Petitioner, v. MICHAEL H. ZIEGELBAUM, Respondent.

Supreme Court, New York County.

September 27, 2007.

Attorney(s) appearing for the Case

Greenberg Traurig, LLP, New York City (Michael Burrows and John J. Elliot of counsel), for defendant/respondent.

Proskauer Rose LLP, New York City (David A. Picon and Kenneth E. Aldous of counsel), for plaintiff/petitioner.

OPINION OF THE COURT

BERNARD J. FRIED, J.

This declaratory judgment action and related CPLR article 75 proceeding arise from a dispute over the timeliness of the attempt by Michael H. Ziegelbaum to exercise 171,467 incentive stock options in the 2001 stock option plan (the MAH plan) of MarketAxess Holdings Inc. (MAH). At the time Ziegelbaum attempted to exercise the options, they were worth approximately $1.5 million. MAH is the plaintiff in the declaratory...

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