FTI CONSULTING, INC. v. PRICEWATERHOUSE-COOPERS LLP


8 A.D.3d 145 (2004)

779 N.Y.S.2d 56

FTI CONSULTING, INC., Respondent, v. PRICEWATERHOUSE-COOPERS LLP, Appellant.

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

June 22, 2004.


Plaintiff effectively purchased defendant's Business Recovery Services (BRS) unit. The asset purchase agreement contained a restrictive covenant barring defendant, for a period of three years, from engaging in any business providing services in the United States "of the type" then offered by BRS. Inasmuch as it appears that subsequent to the closing of the asset purchase agreement, defendant continued to provide BRS-type services, plaintiff has shown a likelihood of prevailing...

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