On March 18, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Ievolve, Inc.,
and
Gerald E. Hickson,
for Commercial Division
in the District Court of Erie County.
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
Document Filed Date
January 19, 2021
Case Filing Date
March 18, 2020
Category
Commercial Division
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