ABC MOBILE BRAKES, DIV. OF D. A. MOTE, INC. v. LEYLAND


84 A.D.2d 914 (1981)

ABC Mobile Brakes, Division of D. A. Mote, Inc., Respondent, v. John E. Leyland, Appellant

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

November 13, 1981


Order reversed, on the law and facts, with costs, and complaint dismissed.

Memorandum:

Special Term erred in enjoining defendant from soliciting or servicing any of plaintiff's customers whom defendant served while in plaintiff's employ. Plaintiff, the operator of a wholesale brake repair business servicing automobile repair garages, hired defendant as a route salesman to service and sell brake equipment and parts to its customers. Defendant traveled between...

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