ROSETTA MKTG. GROUP, LLC v. MICHAELSON

10403N, 654114/12.

107 A.D.3d 536 (2013)

966 N.Y.S.2d 671

2013 NY Slip Op 4558

ROSETTA MARKETING GROUP, LLC, et al., Appellants, v. STEVEN MICHAELSON et al., Respondents.

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

Decided June 18, 2013.


While the parties dispute the factual assertions surrounding the negotiation and execution of the separation agreements, which contain a one-year noncompete term, as well as whether those agreements concern and supersede the parties' earlier executed purchase agreement, which contains the disputed five-year term, the motion court correctly found that, overall, the comparative harm to the employee defendants in allowing enforcement of a five-year noncompete term is significantly...

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