L&M GROUP, LTD. v. LIPSITZ

1120 CA 19-02024.

189 A.D.3d 2139 (2020)

134 N.Y.S.3d 908

2020 NY Slip Op 07791

L&M Group, Limited, et al., Appellants, v. Amy Lipsitz, Respondent.

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

Decided December 23, 2020.


Attorney(s) appearing for the Case

LIPPES MATHIAS WEXLER FRIEDMAN LLP, BUFFALO ( VINCENT MIRANDA OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

PHILLIPS LYTLE LLP, BUFFALO ( AMANDA L. LOWE OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Centra, Lindley, Curran and Bannister, JJ.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, that part of the motion seeking summary judgment dismissing the complaint is denied, and the complaint is reinstated.

Memorandum: Plaintiffs commenced this breach of contract action alleging, inter alia, that defendant violated the non-solicitation and non-disparagement provisions of a purchase and separation agreement and general release, whereby defendant...

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