Legal Opinion
Wise v. Transco, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 1980PublishedCited by 10 opinions
1Opinion of the Court
— Order unanimously affirmed, without costs. Memorandum: We agree with Special Term that the issues pertaining to the validity of the restrictive covenant contained in paragraph 9 of the employment contract may not be summarily decided on motion. As stated in Matter of Sprinzen (Nomberg) (46 NY2d 623, 632): "Each case turns upon its own distinct facts. If the restrictive covenant is found, under all the circumstances, to be 'reasonable in time and area, necessary to protect the employer’s legitimate interests, not harmful to the general public and not unreasonably .burdensome to the…
2Cases cited4 opinions
- In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979
- Post v. Merrill Lynch, Pierce, Fenner & Smith, Inc.New York Court of Appeals · 1979
- Kristt v. WhelanAppellate Division of the Supreme Court of the State of New York · 1957
- Kristt v. WhelanNew York Court of Appeals · 1958
3Cited by10 opinions
- Norton Sarnoff and Carl Fletcher, and v. American Home Products Corporation, Defendant-Appellant-AppelleeCourt of Appeals for the Seventh Circuit · 1986
- Brown & Brown, Inc. v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2014
- Davis v. Marshall & Sterling, Inc.Appellate Division of the Supreme Court of the State of New York · 2023
- Lucente v. International Business MacHines Corp.District Court, S.D. New York · 2003
- Environmental Industrial Services Corp. v. SoudersDistrict Court, D. Delaware · 2004
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