District Court, S.D. New York April 4, 2001, 97 CIV 8101 RWS (System Management Arts Inc. v. Avesta Technologies, Inc.)

OPINION ■

SWEET, District Judge.

Defendants and counterclaim-plaintiffs Avesta Technologies, Inc. (“Avesta”) and David Zager (“Zager”) (collectively, “Avesta”) have moved for partial summary judgment, pursuant to Federal Rule of Civil Procedure 56, against plaintiff and counterclaim-defendant System Management Arts Incorporated, and counterclaim-defendants Shaula Yemini and Yechiam Yem-ini