Legal Opinion
FITZGERALD, THOMAS O. v. SMS/800, INC.
Appellate Division of the Supreme Court of the State of New York
Decided October 2, 2015No. CA 15-00356PublishedCited by 1 opinion
1Opinion of the Court
Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered May 15, 2014. The order denied defendant’s motion to, inter alia, dismiss the amended complaint.
It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motion seeking dismissal of the second cause of action insofar as it seeks a declaration, and as modified the order is affirmed without costs.
Memorandum: Plaintiff commenced this action following his termination as President and Chief Executive Officer of defendant. In the original complaint,…
2Cases cited9 opinions
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- J.P. Morgan Securities Inc. v. Vigilant InsuranceNew York Court of Appeals · 2013
- Elow v. SvenningsenAppellate Division of the Supreme Court of the State of New York · 2009
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