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United States Second Circuit


LUCENTE v. INT'L BUS. MACHS. CORP., 01-7857/7993

Under New York law, the "employee choice doctrine" is applicable to a breach of contract claim, based on 1) employer's willingness to continue to employ plaintiff, and 2) evidence suggesting that a leap to another company was long-planned and extremely advantageous to plaintiff, in terms of monetary reward and career satisfaction.

Appellate Information

  • Decided 11/06/2002
  • Published 11/06/2002

Judges

Court

  • United States Second Circuit

Counsel

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