[Download] "Mohawk Maintenance Co. v. Irving G. Kessler Et Al." by Court of Appeals of New York ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Mohawk Maintenance Co. v. Irving G. Kessler Et Al.
• Author : Court of Appeals of New York
• Release Date : January 19, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

Defendants appeal by permission of the Appellate Division, First Department, from an order of that court which affirmed, with slight modification, an order of the Supreme Court, New York County, granting partial summary judgment to plaintiff and enjoining defendants indefinitely from soliciting the patronage of defendant Kesslers former customers. The order appealed from rests upon the premise that defendants have a legal duty to refrain from acting to impair the "good will" which defendant Kessler had transferred to plaintiff in connection with the sale of his business and that this duty exists independent of any additional obligations undertaken by Kessler pursuant to certain express restrictive covenants contained in the contract of sale. We find this premise to be legally sound and, accordingly, hold that the order of the court below should be affirmed. In so holding, we necessarily conclude that the duration of defendants duty to refrain from soliciting certain of plaintiffs customers is not in any way limited by the durational provisions contained in the express restrictive covenants or by the legal principle derived from our cases that express covenants restricting competition must be reasonable in scope.

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