GELDER MED. GROUP v. WEBBER


41 N.Y.2d 680 (1977)

Gelder Medical Group, Respondent, v. Freeman B. Webber, Appellant.

Court of Appeals of the State of New York.

Decided May 5, 1977.


Attorney(s) appearing for the Case

Donald C. Carmien, Binghamton, for appellant.

Thomas G. O'Neil, Sidney, for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


Chief Judge BREITEL

In an action by a medical partnership for a permanent injunction to enforce a restrictive covenant not to compete, defendant physician appeals. He had been expelled as a partner pursuant to the partnership agreement. Special Term granted the injunction on summary judgment under CPLR 3212, and dismissed defendant's counterclaim for a declaratory judgment and damages resulting from plaintiff...

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