PURCHASING ASSOC. v. WEITZ


13 N.Y.2d 267 (1963)

Purchasing Associates, Inc., Respondent, v. Morton Weitz, Defendant and Third-Party Plaintiff-Appellant; Albert J. Kaplan, Third-Party Defendant.

Court of Appeals of the State of New York.

Decided December 30, 1963.


Attorney(s) appearing for the Case

Jay H. Topkis and Martin London for appellant.

Hiram G. Shields, Jack N. Blinkoff and Harold W. Grubart for respondent.

Judges VAN VOORHIS, FOSTER and SCILEPPI concur with Judge FULD; Chief Judge DESMOND dissents in an opinion in which Judges DYE and BURKE concur.


FULD, J.

This appeal, here by our leave, requires us to determine whether the covenant made by the defendant not to compete with the plaintiff is enforcible.

The defendant Morton Weitz was engaged for some years in data processing work in New York City as an employee of Grayson-Robinson Stores, a retail chain. In April of 1961, he and two other men formed a partnership known as Purchasing Associates to...

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