"We know of no basis on which Swartz could recover from the company," Tyco spokesman Paul Fitzhenry said in an email, although the company had not yet been served with the complaint. Tyco has a separate suit against Swartz pending in U.S. District Court in the Southern District of New York. That case, to fix the amount Swartz must pay Tyco, is scheduled for trial in September, Fitzhenry said. Tyco also brought a similar suit in federal court against Kozlowski. In that case, the judge dismissed Kozlowski's counterclaims for pay and benefits after 1995. The remaining issues are scheduled for trial in August, Fitzhenry said. At the parole board hearing last month, Kozlowski admitted he had developed "a wrongful sense of entitlement and greed" that led him to steal from Tyco, according to a transcript. Reporting by Karen Freifeld; Editing by Tim Dobbyn, Bernard Orr