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CLUBB v. ANC HEATING & AIR CONDITIONING, INC.

251 A.D.2d 956 (1998)

675 N.Y.S.2d 176

Anita Clubb, Individually and as Successor in Interest to James Clubb, Respondent, v. ANC Heating & Air Conditioning, Inc., et al., Appellants. (Action No. 1.) ANC Heating & Air Conditioning, Inc., Appellant, v. Anita Clubb, Individually and as Successor in Interest to James Clubb, Respondent. (Action No. 2.)

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

June 25, 1998

Spain, J.

In July 1988, defendant Lloyd Knecht entered into an agreement with James Clubb (hereinafter decedent) for the purchase of all of the stock of ANC Heating & Air Conditioning, Inc. Knecht and decedent also entered into an employment agreement and an agreement not to compete. The contract stated, inter alia, that, "[a]s consideration for the above-mentioned agreement not to compete, [ANC]...

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