TRIMARCO v. DATA TREASURY CORPORATION


59 A.D.3d 615 (2009)

873 N.Y.S.2d 701

MICHAEL C. TRIMARCO, Respondent, v. DATA TREASURY CORPORATION, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 17, 2009.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff was an employee of the defendant, a closely-held corporation, pursuant to an employment agreement (hereinafter the agreement) commencing in April 2002. Pursuant to the agreement, the plaintiff's compensation included an option to purchase shares of stock in the defendant for a period of 10 years. In November 2003, after the plaintiff had left the defendant's employ, he sought to...

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