New York Court of Appeals

Purchasing Associates, Inc. v. Morton Weitz, and Third-Party Plaintiff-Appellant Albert J. Kaplan, Third-Party

December 30, 196313 N.Y.2d 267

Summary

The Court of Appeals reversed the Appellate Division's injunction, holding that the restrictive covenant was unenforceable because the transaction was not a sale of a business with goodwill and the employee's services were not special or unique; thus the covenant could not be justified under either doctrine.