MATTESICH v. HAYGROUND COVE ASSET MANAGEMENT, LLC


61 A.D.3d 487 (2009)

876 N.Y.S.2d 405

JOHN MATTESICH, Respondent, v. HAYGROUND COVE ASSET MANAGEMENT, LLC, et al., Appellants.

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

Decided April 14, 2009.


Plaintiff alleges that HCAM, his former employer, breached a nondisparagement agreement, and that, as a result, he was denied a position that he would have otherwise been offered. Defendants however submitted deposition testimony from members of the prospective employer who stated, inter alia, that although plaintiff was under consideration for employment, it was by no means certain that he would have been offered the position. Plaintiff would be unable to prove damages,...

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