De Mov v. Siodmak

This matter was referred to this court from Special Term, Part I, by Mr. Justice Berhakd S. Meyer.

The defendant Siodmak who is now employed by the corporate defendant, prior to April 17,1964, was employed by the' plaintiff as a route salesman in plaintiff’s business of selling food supplies and products to restaurants, hotels, bars, etc. It appears that a considerable part, if not all, of the plaintiff’s goods is packaged under a trade name.

The employer and employee entered into an agreement which contained the following provision: “ The salesman agrees not to enter into the food business as…