MALCOLM PIRNIE, INC. v. WERTHMAN


280 A.D.2d 934 (2001)

720 N.Y.S.2d 863

MALCOLM PIRNIE, INC., Appellant, v. PAUL H. WERTHMAN et al., Respondents.

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

Decided February 7, 2001.


Order unanimously reversed on the law without costs, motion denied and first through eighth causes of action reinstated.

Memorandum:

Supreme Court erred in granting defendants' motion to dismiss the first through eighth causes of action of the amended complaint (see, CPLR 3211 [a] [1], [7]). The restrictive covenants set forth in the employment agreement are client-based, and the court erred in determining...

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