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NATIONAL MED INC v. FALLARINO

21 Misc.3d 304 (2008)

863 NYS2D 556

NATIONAL MEDICAL HEALTH CARD SYSTEMS, INC., Plaintiff, v. JOSEPH FALLARINO, Defendant.

Supreme Court, Nassau County.

August 25, 2008.

Attorney(s) appearing for the Case

Smith Campbell, LLP, New York City (Thomas M. Campbell of counsel), for plaintiff.

Kreines & Engelberg, Garden City (Melvyn Kreines of counsel), for defendant.

OPINION OF THE COURT

LEONARD B. AUSTIN, J.

I. Preliminary Matters

A. The Pleadings

This action was commenced by plaintiff, National Medical Health Card Systems, Inc. (NMHC), alleging five causes of action against its former employee, defendant, Joseph Fallarino.

The trial of this matter addressed the first two causes of action which sought rescission of the employment agreement dated June 15, 2004 (Agreement...

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