DAVID J. COGAN MGMT. CO. v. LIPSET


79 A.D.2d 918 (1981)

David J. Cogan Management Co. et al., Appellants, v. Howard Lipset, Respondent, et al., Defendants Howard Lipset, Third-Party Plaintiff-Respondent, v. David J. Cogan, Third-Party Defendant-Appellant

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

January 8, 1981


Unanimously modified, on the law, to the extent of striking paragraphs 34, 40 and 41 of the amended answer, without prejudice to an application at Special Term to replead, reinstating the third counterclaim as against the third-party defendant, striking the severance of the second counterclaim against said third-party defendant, and, as thus modified, affirmed, without costs.

In this action, inter alia, to enforce a noncompetition covenant in an employment...

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