ICC, INTERNATIONAL CARGO CHARTERS, CANADA, LTD. v. AERO TRANSPORTE DE CARGA UNION, S.A.


32 A.D.3d 746 (2006)

821 N.Y.S.2d 79

ICC, INTERNATIONAL CARGO CHARTERS, CANADA, LTD., et al., Respondents, v. AEROTRANSPORTE DE CARGA UNION, S.A., DE C.V., Appellant.

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

September 21, 2006.


The relevant agreements contained noncircumvention clauses prohibiting defendant air cargo service from soliciting the business of plaintiffs' customers for a prescribed period following termination. Although defendant does not dispute that it compelled plaintiffs' customers to contract with it within the prohibited period, thereby breaching the noncircumvention provisions, it argues that plaintiffs lacked standing to pursue these claims because certain aircraft were subsequently...

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