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Mallory Factor, Inc. v. Jicka

Appellate Division of the Supreme Court of New York, First Department
Dec 18, 1990
168 A.D.2d 344 (N.Y. App. Div. 1990)

Summary

enforcing two year covenant preventing former employee from performing services for new employer with clients with whom defendant had dealt while employed by his former employer

Summary of this case from Coyne International Enterprises Corporation v. Taylor

Opinion

December 18, 1990

Appeal from the Supreme Court, New York County (Harold Tompkins, J.).


Plaintiff, a public relations concern, commenced the underlying action against defendant, its former employee, seeking monetary recovery for breach of fiduciary duty, tortious interference with contractual relations, and breach of the restrictive covenant in the parties' employment agreement, dated December 24, 1986.

It is well settled that to be found enforceable, the time and geographical scope of the restriction in a restrictive covenant must be reasonable; the burden on the employee must not be unreasonable; the general public must not be harmed; and the restriction must be necessary for the employer's protection. (Mallory Factor v. Schwartz, 146 A.D.2d 465, 467 [where the virtually identical covenant was upheld by this court].)

The IAS court properly granted summary judgment in plaintiff's favor on the third cause of action for breach of the restrictive covenant in the parties' employment agreement. The covenant in question was reasonable in scope, and did not unduly restrict the employee's ability to earn a livelihood in his chosen profession. The restriction in issue merely prohibits defendant for a period of 24 months after the termination of employment from performing services for any client with whom defendant had dealt while an employee of plaintiff (Mallory Factor v. Schwartz, supra, at 467).

Similarly, we find that the IAS court was correct in dismissing the second cause of action for tortious interference with contractual relations as duplicative of plaintiff's existing cause of action for breach of the restrictive covenant.

Concur — Ross, J.P., Carro, Asch, Wallach and Smith, JJ.


Summaries of

Mallory Factor, Inc. v. Jicka

Appellate Division of the Supreme Court of New York, First Department
Dec 18, 1990
168 A.D.2d 344 (N.Y. App. Div. 1990)

enforcing two year covenant preventing former employee from performing services for new employer with clients with whom defendant had dealt while employed by his former employer

Summary of this case from Coyne International Enterprises Corporation v. Taylor
Case details for

Mallory Factor, Inc. v. Jicka

Case Details

Full title:MALLORY FACTOR, INC., Respondent, v. RAY JICKA, Appellant

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

Date published: Dec 18, 1990

Citations

168 A.D.2d 344 (N.Y. App. Div. 1990)
562 N.Y.S.2d 666

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