CITY WIDE SEWER & DRAIN SERVICE CORP. v. CARUSONE


39 A.D.3d 687 (2007)

834 N.Y.S.2d 283

CITY WIDE SEWER & DRAIN SERVICE CORP., Appellant, v. STEPHEN S. CARUSONE, Respondent.

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

Decided April 17, 2007.


Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.

On December 2, 2004 the parties placed a stipulation on the record in open court in settlement of this action, in which the defendant agreed, inter alia, to neither directly nor indirectly solicit the plaintiff's past or present customers. Alleging that...

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