A. David Schwartz, P. C. v. Kim

In an action, inter alia, for an accounting, plaintiff appeals from an order of the Supreme Court, Rockland County, dated February 13, 1979, which denied a motion to strike defendant’s affirmative defenses or, in the alternative, to preclude defendant from introducing evidence with respect to the second affirmative defense. Order affirmed, with $50 costs and disbursements. Valid defenses to a claim that a defendant has breached the restrictive covenant of a contract exist where (1) the contract provides that upon its termination neither party has any rights against the other or (2) the…