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PENCOM SYS., INC. v. SHAPIRO

193 A.D.2d 561 (1993)

598 N.Y.S.2d 212

Pencom Systems, Incorporated, Appellant, v. Alan Shapiro, Respondent

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

May 27, 1993

The court found that defendant, a former employee of plaintiff, breached a restrictive covenant not to compete following his departure from plaintiff's employ. As a result, we agree with Trial Term that the proper measure of damages is the net profit of which plaintiff was deprived by reason of defendant's improper competition with plaintiff (Support Sys. Assocs. v Tavolacci, 135 A.D.2d 704, 707; Weinrauch v Kashkin,

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