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BROWNSTONE INVESTMENT GROUP, LLC v. LEVEY

No. 06 CV 0747 VM.

468 F.Supp.2d 654 (2007)

BROWNSTONE INVESTMENT GROUP, LLC, Plaintiff, v. Gordon LEVEY, Defendant. Gordon Levey, Counterclaim and Third-Party Plaintiff, v. Brownstone Investment Group, LLC, Douglas B. Lowey, Stephen B. Lowey, Barret Naylor, and Lowey Family Investment LLC, Counterclaim and Third-Party Defendants.

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

January 3, 2007.

Attorney(s) appearing for the Case

Harry Simeon Davis, William Hayward Gussman, Jr., Schulte Roth Zabel LLP, New York, NY, for Plaintiff, Counterclaim and Third-Party Defendants.

Jamie Mark Brickell, Stacey Marie Faraci, Pryor, Cashman, Sherman & Flynn, L.L.P., New York, NY, for Defendant, Counterclaim and Third-Party Plaintiff.

Eric B. Fisher, Rachel Kathryn Marcoccia, Morgenstern Jacbos & Blue, LLC, New York, NY, for Counterclaim and Third-Party Defendants, Barret Naylor.

DECISION AND ORDER

MARRERO, District Judge.

Plaintiff Brownstone Investment Group, LLC ("Brownstone") brought this case against defendant Gordon Levey ("Levey") seeking a declaratory judgment determining that Levey had breached his fiduciary duties to Brownstone and misappropriated trade secrets, as well as injunctive relief preventing Levey from offering or disclosing Brownstone's proprietary computer software.

Levey responded with a number...

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