SHEARSON v. SCHMERTZLER


116 A.D.2d 216 (1986)

Shearson Lehman Bros. Holdings, Inc., Respondent, v. Michael Schmertzler et al., Appellants

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

April 3, 1986


Attorney(s) appearing for the Case

Louis A. Craco of counsel (Lawrence O. Kamin and Jonathan P. Wolfert with him on the brief; Willkie Farr & Gallagher, attorneys), for respondent.

Arthur L. Liman of counsel (Steven B. Rosenfeld, Jeh C. Johnson and Bruce M. Handler with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for Michael Schmertzler, appellant.

Henry L. King of counsel (James W. B. Benkard, Rodman W. Benedict and Barbara Botein with him on the brief; Davis Polk & Wardwell, attorneys), for Morgan Stanley & Co. Incorporated, appellant.

KUPFERMAN, J. P., SULLIVAN and KASSAL, JJ., concur with SANDLER, J.; ASCH, J., dissents in an opinion.


SANDLER, J.

This is an appeal by the defendants, Michael Schmertzler and Morgan Stanley & Co. Incorporated, from Special Term's October 8, 1985 order granting the motion of the plaintiff, Shearson Lehman Brothers Holdings, Inc. (Shearson), for a preliminary injunction prohibiting Schmertzler from performing investment banking services for Morgan Stanley in the...

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