Pencom Systems, Inc. v. Shapiro

Order, Supreme Court, New York County (Harold Baer, Jr., J.), entered August 6, 1992, which granted defendant’s motion pursuant to CPLR 4404 (b) for a new trial as to damages, unanimously affirmed, without costs.

The court found that defendant, a former employee of plaintiff, breached a restrictive covenant not to compete following his departure from plaintiff’s employ. As a result, we agree with Trial Term that the proper measure of damages is the net profit of which plaintiff was deprived by reason of defendant’s improper competition with plaintiff (Support Sys. Assocs. v Tavolacci, 135 AD2d…