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Contracts Keyed to Crandall
BDO Seidman v. Hirshberg
Facts
The defendant was an accounting firm and the plaintiff was one of his employees between 1984 and 1993. After the plaintiff was promoted, he signed a restrictive covenant that prohibited him from serving any former clients of the defendant up until 18 months after his termination. Plaintiff sued in 1995 for breaching this agreement after he presented evidence that the defendant had stolen some of the plaintiff’s clients. The Supreme Court of New York held the restrictive convent was unenforceable and unreasonable, which was affirmed by the appellate division.
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