The trial court found that plaintiff accounting firm (Weiser) failed to establish a prima facie case against the individual defendants (Coopersmith, Simon and Vogel; collectively the former partners), and the firm they formed, for enforcement of the restrictive covenant and liquidated damages clause in Weiser's 2003 second amended and restated partnership agreement (WPA). This was error. The evidence showed, prima facie, that the restrictive covenant was ancillary to the...
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