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GISMONDI, PAGLIA, SHERLING, M.D., P.C. v. FRANCO

No. 00 Civ. 3565 CM MDF.

104 F.Supp.2d 223 (2000)

GISMONDI, PAGLIA, SHERLING, M.D., P.C., Plaintiff, v. Michael J. FRANCO, M.D., Defendant.

United States District Court, S.D. New York.

June 22, 2000.

Attorney(s) appearing for the Case

Jack S. Dweck, Richard A. Hubell, The Dweck Law Firm, New York City, for plaintiff.

Mark S. Gregory, Kelley Drye & Warren, Stamford, Connecticut; Jonathan P. Whitcomb, Diserio Martin O'Connor & Castiglioni, Stamford, Connecticut, for defendant.

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...

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