A. B. Dick Co. v. Froschauer

Appellate Division of the Supreme Court of New York

A. B. Dick Co. v. Froschauer

141 A.D.2d 905, 529 N.Y.S.2d 716, 1988 N.Y. App. Div. LEXIS 5827

Appellate Division of the Supreme Court of the State of New York·Decided June 2, 1988·Published·Cited by 1 cases

Opinion

Appeal from an order of the Supreme Court (Doran, J.), entered October 16, 1987 in Albany County, which, inter alia, denied plaintiff’s motion for a preliminary injunction.

Plaintiff’s demands for injunctive relief in its complaint and its motion for a preliminary injunction are based upon defendant’s agreement not to compete for a period of one year following termination of his employment with plaintiff. Plaintiff argues on appeal that the agreement established a one-year period of noncompetition which could be enforced at any time, but the agreement specifies that the one-year period begins to run upon termination of defendant’s employment. Plaintiff offers no justification for seeking to vary the terms of the unambiguous one-year covenant not to compete which it drafted. Since this one-year period expired May 11, 1988, plaintiff’s appeal from the order denying its motion for a preliminary injunction is moot.

Appeal dismissed, with costs. Mahoney, P. J., Kane, Casey, Weiss and Mercure, JJ., concur.

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Appeal from an order of the Supreme Court (Doran, J.), entered October 16, 1987 in Albany County, which, inter alia, denied plaintiff’s motion for a preliminary injunction.

Plaintiff’s demands for injunctive relief in its complaint and its motion for a preliminary injunction are based upon defendant’s agreement not to compete for a period of one year following termination of his employment with plaintiff. Plaintiff argues on appeal that the agreement established a one-year period of noncompetition which could be enforced at any time, but the agreement specifies that the one-year period begins to run upon termination of defendant’s employment. Plaintiff offers no justification for seeking to vary the terms of the unambiguous one-year covenant not to compete which it drafted. Since this one-year period expired May 11, 1988, plaintiff’s appeal from the order denying its motion for a preliminary injunction is moot.

Appeal dismissed, with costs. Mahoney, P. J., Kane, Casey, Weiss and Mercure, JJ., concur.

A. B. Dick Co. v. Froschauer, 141 A.D.2d 905, 529 N.Y.S.2d 716, 1988 N.Y. App. Div. LEXIS 5827 (N.Y. Ct. App. 1988).

Pincite

141 A.D.2d 905 (A. B. Dick Co. v. Froschauer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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