Levy v. Cosmos — 248 N.Y. 622

Majority

p. 622

Moe Levy et al., Copartners under the Firm Name of Champion Coat, Apron and Towel Supply Company, Appellants, v. Peter J. Cosmos, Respondent, Impleaded with Another.

Headnote

Injunction ■— contract — unfair competition ■— action to restrain former employee and associate from soliciting trade from customers of plaintiff’s assignor.

Levy v. Cosmos, 221 App. Div. 533 , affirmed.

(Argued June 7, 1928;

decided June 21, 1928.)

Appeal from a judgment, entered November 21, 1927, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing

p. 623

a dismissal of the complaint. The action was to restrain the defendants from serving or soliciting business from certain persons, firms or corporations, customers of plaintiff’s assignor, in violation of an alleged contract with one of the defendants, a former employee, that he would not for a term of three years after termination of his employment serve any such customers or become connected with any person or firm serving such customers in the same line of business.

Frank H. Hiscock and Alfred B. Nathan for appellant.

Arnold Furst and Albert A. Arnold for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.