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FRANK v. WESCO DISTRIBUTION, INC.

1852N, 602247/09

68 A.D.3d 641 (2009)

2009 NY Slip Op 9548

892 N.Y.S.2d 348

ROBERT FRANK et al., Respondents, v. WESCO DISTRIBUTION, INC., Appellant.

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

Decided December 22, 2009.

Although plaintiffs were both the sons-in-law of the seller of Liberty, the electrical supply and distribution company which sold its assets and goodwill to defendant Wesco, plaintiffs owned no shares or interest in Liberty, and therefore an incidental covenant not to compete was not applicable to plaintiffs (see generally Purchasing Assoc. v Weitz, 13 N.Y.2d 267, 271 [1963]). Moreover, plaintiffs demonstrated that the noncompetition...

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