FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK, INC. v. BENCHMARK TITLE AGENCY LLC


48 A.D.3d 327 (2008)

851 N.Y.S.2d 523

FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK, INC., Appellant, v. BENCHMARK TITLE AGENCY LLC et al., Respondents.

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

Decided February 21, 2008.


The restrictive covenants not to compete or solicit, set forth in the contract of sale, had expired. Furthermore, the expressly negotiated covenant not to compete superseded the normally implied common-law covenant, particularly where, as here, the customers are generally identifiable, and enjoining solicitation of former clients after the negotiated time period would be tantamount to preventing defendants from acting as a title insurer in Westchester County (see MGM Ct...

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