Ward v. Arcade Building Maintenance, Inc.

Full title: ROBERT J. WARD, Appellant, v. ARCADE BUILDING MAINTENANCE, INC., Respondent

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

Date published: Mar 25, 1993

191 A.D.2d 368 (N.Y. App. Div. 1993)

595 N.Y.S.2d 411

Opinion

March 25, 1993

Appeal from the Supreme Court, New York County (Robert Lippman, J.).

Enforcement of the restrictive covenant is warranted to the extent of prohibiting plaintiff from providing defendant's competitors with confidential customer information acquired as a result of plaintiff's employment as defendant's President and Chief Executive Officer. Such information would give plaintiff an unfair opportunity and advantage over competitors who do not possess this information (see, Restatement of Torts § 757, comment b; Greenwich Mills Co. v. Barrie House Coffee Co., 91 A.D.2d 398). Enforcement of the restrictive covenant to this extent can cause no irreparable harm to plaintiff, whom we note is currently gainfully employed by one of defendant's competitors.

Concur — Sullivan, J.P., Milonas, Ross, Kassal and Rubin, JJ.