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IACOVACCI v. BREVET HOLDINGS, LLC

Index No. 158735/16. Appeal No. 15769. Case No. 2021-03483.

204 A.D.3d 535 (2022)

165 N.Y.S.3d 287

2022 NY Slip Op 02622

Paul Iacovacci, Respondent, v. Brevet Holdings, LLC, et al., Appellants.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Reed Smith LLP, New York ( Louis M. Solomon , of counsel) for appellants.

Cyrulnik Fattaruso LLP, New York ( Jason Cyrulnik of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Mazzarelli, Shulman, Pitt, JJ.

Plaintiff is a former employee of defendants who declared he was retiring but was subsequently terminated for cause, as defendants accused him of breaching a non-compete provision and improperly possessing defendants' materials. In October 2016, plaintiff brought this action for, among other things, wrongful termination. Defendants asserted numerous affirmative defenses and counterclaims, including breach of contract, tortious...

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