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BUCHANAN CAPITAL MARKETS, LLC v. DeLUCCA

3930N. 651913/16.

150 A.D.3d 436 (2017)

2017 NY Slip Op 03625

51 N.Y.S.3d 417

BUCHANAN CAPITAL MARKETS, LLC, Formerly Known as MARCUM BUCHANAN ASSOCIATES, LLC, Appellant, v. JOANNE DELUCCA et al., Defendants, and MICHAEL CALLAHAN, Respondent.

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

Decided May 4, 2017.

Defendant Callahan entered into an employment agreement with Marcum Buchanan Associates, LLC (Marcum), which contained noncompete and arbitration clauses, and which provided that Callahan's services "are special, unique and of extraordinary character" and that the parties had "a special confidential relationship." Such personal services contracts generally are not freely assignable (see Wien & Malkin LLP v Helmsley-Spear...

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