Moskowitz v. Rajadhyax

Appeal from an order of the Supreme Court (Dier, J.), entered May 21, 1998 in Warren County, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.

In June 1992, plaintiff and defendant entered into an employment agreement that provided, in relevant part, that in the event the employment relationship between the parties terminated, defendant would not practice dentistry within a 25-mile radius of plaintiffs practice. On January 1, 1995, the parties executed another agreement designating defendant as an independent contractor and containing a nonexclusivity…