Besicorp Group, Inc. v. Enowitz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from an order of the Supreme Court (Torraca, J.), entered September 10, 1998 in Ulster County, which, inter alla, denied plaintiffs motion to compel discovery.
By letter dated August 17, 1994, defendant resigned from his employment as plaintiffs treasurer claiming that he was permanently disabled in accordance with Internal Revenue Code (26 USC) § 22 (e) (3) and could no longer render services to plaintiff due to his physical condition. In 1992, after plaintiff hired defendant to be its chief financial officer and director, knowing that he suffered from a progressive neurological…
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