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I. EDWARD BROWN, INC. v. ASTOR SUPPLY

4 A.D.2d 177 (1957)

I. Edward Brown, Inc., Appellant, v. Astor Supply Co., Inc., et al., Respondents

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

June 25, 1957.

Attorney(s) appearing for the Case

Victor Brudney of counsel (Harold Oelbaum with him on the brief; Hellerstein & Rosier, attorneys), for appellant.

Louis Rivkin of counsel (Irwin Reicher with him on the brief; Rivkin & Rosen, attorneys), for Astor Supply Co., Inc., respondent.

Leo Bradspies for Isadore Cohen, respondent.

BREITEL, J. P., VALENTE and BASTOW, JJ., concur in Per Curiam opinion; FRANK, J., dissents and votes to modify in opinion, in which McNALLY, J., concurs.

Per Curiam.

In 1950, plaintiff I. Edward Brown, Inc., a dealer in cleaning supplies for office buildings and institutions, engaged defendant Cohen as a commission salesman. The employment contract, which set forth the rates and terms of his commissions, also contained a covenant not to compete. This negative covenant was carefully limited both as to time (one year) and place (metropolitan New York, New Jersey and Connecticut...

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