Legal Opinion
Gismondi, Paglia, Sherling, M.D., P.C. v. Franco
District Court, S.D. New York
Decided June 22, 2000No. 00 Civ. 3565 CM MDFPublishedCited by 4 opinions
1Opinion of the Court
DECISION AFTER TRIAL
McMAHON, District Judge.
In this action, Plaintiff Gismondi, Paglia, Sherling, M.D., P.C., (hereinafter “GPS”), a professional medical corporation, sues its former employee, Dr. Michael J. Franco, to enforce the terms of a restrictive covenant contained in Franco’s employment contract. The matter was brought on by order to show cause on May 11, 2000. Rather than bother with a preliminary injunction, the Court ordered the parties to proceed to a trial on the merits of Plaintiffs claims (which included a claim on a note as to which Defendant was allegedly in default). That…
2Cases cited6 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Metropolitan Life Insurance Company v. Robertson-Ceco Corp., United Dominion Industries, Inc.Court of Appeals for the Second Circuit · 1996
- Post v. Merrill Lynch, Pierce, Fenner & Smith, Inc.New York Court of Appeals · 1979
- Rosalie Estates, Inc. v. Colonia InsuranceAppellate Division of the Supreme Court of the State of New York · 1996
- Novendstern v. Mt. Kisco Medical GroupAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by4 opinions
- Gismondi, Paglia, Sherling, M.D., P.C. v. FrancoDistrict Court, S.D. New York · 2002
- Olean Medical Group LLP v. LeckbandAppellate Division of the Supreme Court of the State of New York · 2006
- Cook-Bolden v. DG TRC Management Company, LLCDistrict Court, S.D. New York · 2019
- Cray v. Nationwide Mutual InsuranceDistrict Court, W.D. New York · 2001