DS Courier Services, Inc. v. Seebarran

Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered May 25, 2006, which, in an action to enforce a restrictive covenant, insofar as appealed from as limited by the briefs, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

The subject restrictive covenant is contained in an agreement *272that describes defendant as an “independent contractor” and obligates him to “perform trucking services ... as required and subject to change at any time” by plaintiff, a courier service. The contract does not provide for compensation, although…