MATTER OF J-K APPAREL SALES CO., INC. v. ESPOSITO

2018-06556. Index No. 601403/18.

189 A.D.3d 1045 (2020)

133 N.Y.S.3d 892

2020 NY Slip Op 07382

In the Matter of J-K Apparel Sales Co., Inc., Appellant, v. Linda Esposito, Respondent.

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

Decided December 9, 2020.


Attorney(s) appearing for the Case

Nixon Peabody LLP, Jericho, NY ( James W. Weller of counsel), and Forchelli Deegan Terrana LLP, Uniondale, NY ( Peter Basil Skelos of counsel), for appellant (one brief filed).

Jason J. Rebhun , P.C., New York, NY, for respondent.

Rivera, J.P., Dillon, Maltese and Duffy, JJ., concur.


Ordered that the order is reversed, on the law, with costs, the petition to confirm the arbitration award is granted, the cross petition to vacate the arbitration award is denied, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment.

The petitioner commenced this proceeding to confirm an arbitration award based upon the violation of a noncompete/nonsolicitation clause of an employment agreement by the respondent, Linda Esposito...

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