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MATTER OF SMITH

197 A.D.2d 739 (1993)

602 N.Y.S.2d 445

In the Matter of the Claim of M. L. Smith, Respondent. Hearthstone Mortgage Brokers, Inc., Appellant; John F. Hudacs, as Commissioner of Labor, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 7, 1993

Claimant was discharged from her position as a mortgage officer for allegedly violating a provision of her employment contract prohibiting her from engaging "in any other business activity" during employment. Admittedly, while so employed, claimant filed a certificate of doing business under the name of "Classic One Mortgage Brokers". According to claimant, she filed the certificate to preserve the name of the business for future...

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