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VELU v. VELOCITY EXPRESS, INC.

No. 06-CV-6531 (JS)(WDW).

666 F.Supp.2d 300 (2009)

Trevor VELU, Plaintiff, v. VELOCITY EXPRESS, INC., Defendant.

United States District Court, E.D. New York.

September 30, 2009.

Attorney(s) appearing for the Case

Robert James La Reddola, Esq., La Reddola, Lester & Associates, LLP, Garden City, NY, for Plaintiff.

J. Brooke Hern, Esq., Averim Stavsky, Esq., Budd Larner PC, Short Hills, NJ, Richard M. DeAgazio, Esq., Edwards Angell Palmer & Dodge LLP, Madison, NJ, for Defendants.

MEMORANDUM AND ORDER

SEYBERT, District Judge:

Pending before the Court is Defendant's motion and Plaintiff's cross-motion for summary judgment. For the reasons that follow, the Court GRANTS Defendant's motion in part and DENIES Plaintiff's motion in its entirety.

BACKGROUND1

Velocity Express, Inc. ("Defendant" or "VEI") is an incorporated business in Delaware,

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