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  • Ievolve, Inc. v. Gerald E. Hickson Commercial - Contract document preview
  • Ievolve, Inc. v. Gerald E. Hickson Commercial - Contract document preview
						
                                

Preview

FILED: ERIE COUNTY CLERK 01/19/2021 11:55 AM INDEX NO. 804173/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/19/2021 SUPREME COURT OF THE STATE OF NEW YORK UCS-840C 3/2011 COUNTY OF Erie x Index No: 804173/2020 IEvolve, Inc. RJI No. (if any): Plaintiff(s)/Petitioner(s) -against- COMMERCIAL DIVISION Gerald E. Hickson Request for Judicial Intervention Addendum Defendant(s)/Respondent(s) x COMPLETE WHERE APPLICABLE [add additional pages if needed]: Plaintiff/Petitioner's cause(s) of action [check all that apply]: ☒ Breach of contract or fiduciary duty, fraud, misrepresentation, business tort (e.g. unfair competition), or statutory and/or common law violation where the breach or violation is alleged to arise out of business dealings (e.g. sales of assets or securities; corporate restructuring; partnership, shareholder, joint venture, and other business agreements; trade secrets; restrictive covenants; and employment agreements not including claims that principally involve alleged discriminatory practices) ☐ Transactions governed by the Uniform Commercial Code (exclusive of those concerning individual cooperative or condominium units) ☐ Transactions involving commercial real property, including Yellowstone injunctions and excluding actions for the payment of rent only ☐ Shareholder derivative actions — without consideration of the monetary threshold ☐ Commercial class actions — without consideration of the monetary threshold ☐ Business transactions involving or arising out of dealings with commercial banks and other financial institutions ☐ Internal affairs of business organizations ☐ Malpractice by accountants or actuaries, and legal malpractice arising out of representation in commercial matters ☐ Environmental insurance coverage ☐ Commercial insurance coverage (e.g. directors and officers, errors and omissions, and business interruption coverage) ☐ Dissolution of corporations, partnerships, limited liability companies, limited liability partnerships and joint ventures — without consideration of the monetary threshold ☐ Applications to stay or compel arbitration and affirm or disaffirm arbitration awards and related injunctive relief pursuant to CPLR Article 75 involving any of the foregoing enumerated commercial issues — without consideration of the monetary threshold Plaintiff/Petitioner’s claim for compensatory damages [exclusive of punitive damages, interest, costs and counsel fees claimed]: Plaintiff/Petitioner’s claim for equitable or declaratory relief [brief description]: Plaintiff alleges that defendant breached non-compete and non-solicitation provisions of employment agreement and employee handbook, and other related causes of action. Plaintiff seeks damages of at least $100,000 and injunctive relief. Defendant/Respondent’s counterclaim(s) [brief description, including claim for monetary relief]: I REQUEST THAT THIS CASE BE ASSIGNED TO THE COMMERCIAL DIVISION. I CERTIFY THAT THE CASE MEETS THE JURISDICTIONAL REQUIREMENTS OF THE COMMERCIAL DIVISION SET FORTH IN 22 NYCRR § 202.70(a), (b) and (c). Dated: 01/19/2021 JEFFREY DAVID COREN SIGNATURE JEFFREY DAVID COREN This form was generated by NYSCEF PRINT OR TYPE NAME 1 of 1