TODD CHEM. CO., INC. v. DI STEFANO


30 A.D.2d 879 (1968)

Todd Chemical Company, Inc., Respondent, v. Theodore Di Stefano et al., Appellants

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

July 22, 1968


Judgment modified, on the law and the facts, by deleting subdivisions (b) and (c) of the first decretal paragraph thereof. As so modified, judgment affirmed, without costs.

In our opinion, the covenant prescribing restrictions on defendants for a period of 10 years exceeded the degree of protection reasonably necessary for the business of the plaintiff and, consequently, was unenforcible (cf. Clark Paper & Mfg. Co. v. Stenacher, 236 N.Y. 312; Paramount...

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