Legal Opinion

Marietta Corp. v. Pacific Direct, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided July 29, 2004PublishedCited by 2 opinions

1Opinion of the CourtPeters, J.

Cross appeals from an order of the Supreme Court (Rumsey, J.), entered December 5, 2003 in Cortland County, which, inter alia, partially granted plaintiffs cross motion to dismiss defendant’s counterclaims.

When this matter was last before us, we vacated a preliminary injunction that Supreme Court had issued which included a condition that plaintiff post an undertaking in the amount of $350,000 pursuant to CPLR 6312 (b) (301 AD2d 734 [2003]). This injunction had barred plaintiffs former employee, Thomas Fairhurst, from continuing to work for defendant (id.). Our decision prompted defendant to…

2Cases cited5 opinions

  1. Honeywell, Inc. v. Technical Building Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
  2. Marietta Corp. v. FairhurstAppellate Division of the Supreme Court of the State of New York · 2003
  3. Shu Yiu Louie v. David & Chiu Place Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  4. Reliance Insurance v. State Farm Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 1997
  5. Dominion Insurance v. StateAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by2 opinions

  1. Dutcher v. AllenAppellate Division of the Supreme Court of the State of New York · 2012
  2. Matter of Citizens for St. Patrick's v. City of Watervliet Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2015

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