SMOLEV v. CAROLE HOCHMAN DESIGN GROUP, INC.

3888, 600081/08.

79 A.D.3d 540 (2010)

913 N.Y.S.2d 79

STEVEN SMOLEV et al., Respondents-Appellants, v. CAROLE HOCHMAN DESIGN GROUP, INC., Appellant-Respondent.

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

Decided December 14, 2010.


The record presents questions of fact whether plaintiffs breached certain nondisparagement and consulting agreements in connection with the sale of their business to defendant and, if so, whether the breaches were material under these agreements, i.e., were "so substantial and fundamental as to strongly tend to defeat the object of the parties in making the contract" (Callanan v Keeseville, Ausable Chasm & Lake Champlain R.R. Co., 199 N.Y. 268, 284 [1910]...

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