Legal Opinion

Lenel Systems International, Inc. v. Smith

New York Supreme Court

Decided July 5, 2005Published

1Opinion of the Court

*891OPINION OF THE COURT

Kenneth R. Fisher, J.

Lenel Systems International, Inc. filed this action against its former employee, Richard Todd Smith, alleging two causes of action seeking a declaration that defendant is in breach of a restrictive covenant and that plaintiff is entitled to rescission of stock option agreements under the employee choice doctrine. Lenel Systems now moves for summary judgment declaring that Smith is in violation of paragraph 13 of the stock option agreements, that the violation is a material breach of the agreements, and that Lenel is entitled to rescission thereof.…

2Cases cited13 opinions

  1. Rudman v. Cowles Communications, Inc.New York Court of Appeals · 1972
  2. BDO Seidman v. HirshbergNew York Court of Appeals · 1999
  3. Schank v. . SchuchmanNew York Court of Appeals · 1914
  4. Post v. Merrill Lynch, Pierce, Fenner & Smith, Inc.New York Court of Appeals · 1979
  5. Kristt v. WhelanAppellate Division of the Supreme Court of the State of New York · 1957

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