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GILLER v. HARCOURT BRACE & CO.

166 Misc.2d 599 (1995)

634 N.Y.S.2d 646

David Giller, Plaintiff, v. Harcourt Brace & Company, Formerly Known as Harcourt Brace Jovanovich, Inc., Doing Business as BAR/BRI, Defendant.

Supreme Court, Kings County.

October 2, 1995

Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom, New York City (Steven Rubin of counsel), for defendant. David Giller, plaintiff pro se.

JULIUS VINIK, J.

In an action for a declaration that a noncompetition clause in an employment contract is unenforceable, the defendant moved to dismiss the complaint pursuant to CPLR 3211. Plaintiff cross-moved for "summary judgment." Pursuant to CPLR 3211 (c), the court converted the motion and cross motion to CPLR 3212 motions for summary judgment and afforded the parties an opportunity to make additional...

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