Smith, Batchelder & Rugg v. Foster

This is an action in equity brought by the plaintiff to enforce restrictive covenants against the defendants. After a hearing, the Master (E. Paul Kelly, Esq.) recommended that the covenants should be held unenforceable and that a temporary and permanent injunction should issue to prevent the plaintiff from enforcing any of the provisions of the restrictive covenants. This recommendation was upheld by the Superior Court (Johnson, J.), which reserved and transferred the plaintiff’s exceptions. We overrule the plaintiff’s exceptions.

The plaintiff is the largest accounting firm in both New…