GAYNOR & CO., INC. v. STEVENS


61 A.D.2d 775 (1978)

Gaynor & Company, Inc., Respondent, v. Robert B. Stevens et al., Appellants, et al., Defendants

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

February 27, 1978


There is no allegation in these causes of action or elsewhere in the record of any acts by appellants in breach of their fiduciary duty while employed by plaintiff or that they were disloyal or made any attempt to obtain the business of defendant Mutual while so employed. The restrictive covenant to which plaintiff alludes provides that for a period of two years after termination of employment with plaintiff, appellants would not "solicit, divert or take away" any of plaintiff...

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