Autex, Inc. v. Rubio

—In an action, inter alia, to recover damages for breach of a restrictive noncompetition covenant of a contract of employment, the defendants appeal from an order of the Supreme Court, Suffolk County (Gowan, J.), entered November 14, 1989, which, inter alia, vacated the plaintiff’s default in appearance at trial.

Ordered that the order is affirmed, with costs.

The instant action was commenced by the plaintiff corporation in or about 1983 seeking damages stemming from the defendants’ alleged breach of a covenant not to compete with the plaintiff’s automotive repair business. It appears from the…