Sage Realty Corp. v. Kerin

—Order, Supreme Court, New York County (Barry Cozier, J.), entered on or about June 14, 2000, which, in an action for breach of the non-disparagement clause contained in the parties’ employment “separation agreement” and for breach of the duty of loyalty, inter alia, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, with costs to defendant-respondent-appellant payable by plaintiffs.

The contract clause in question requires defendant to refrain from making disparaging comments about plaintiff or assisting others in doing so. The cause of action…