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DS COURIER SERVICES, INC. v. SEEBARRAN

40 A.D.3d 271 (2007)

834 N.Y.S.2d 191

DS COURIER SERVICES, INC., Respondent, v. LAKRAM SEEBARRAN et al., Appellants.

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

Decided May 3, 2007.

The subject restrictive covenant is contained in an agreement that describes defendant as an "independent contractor" and obligates him to "perform trucking services ... as required and subject to change at any time" by plaintiff, a courier service. The contract does not provide for compensation, although it does require plaintiff to give defendant a 1099 tax form, and it appears that defendant was paid on a per item basis. The...

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