ZINTER HANDLING, INC. v. BRITTON


46 A.D.3d 998 (2007)

847 N.Y.S.2d 271

ZINTER HANDLING, INC., Appellant, v. JOSEPH BRITTON, Also Known as EARL J. BRITTON, et al., Respondents.

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

Decided December 6, 2007.


Mugglin, J.

Defendants were employed as salespeople by plaintiff, and each signed a covenant not to compete in the materials handling business upon leaving employment with plaintiff for a period of two years within a radius of 180 miles from plaintiff's principal place of business in the City of Saratoga Springs, Saratoga County. The covenants, among other things, prohibited (1) soliciting or accepting business from any past or present customer of plaintiff, (2) advising...

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