Birns and Capozzoli, JJ., dissent in the following memorandum by Capozzoli, J.
I dissent from the majority's determination insofar as it affirms so much of the order of Special Term as granted defendant's cross motion for summary judgment dismissing the complaint herein. I believe that the last sentence in paragraph 8 of the practice lease, the "Non-Competition Covenant", which is the subject of this litigation, is sufficient to create a factual issue with regard...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
