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E.S. Ltd. v. Gold

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 2006
33 A.D.3d 847 (N.Y. App. Div. 2006)

Opinion

No. 2005-05490.

October 24, 2006.

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (Gigante, J.), dated May 11, 2005, as granted the defendant's motion for summary judgment dismissing the complaint.

Before: Miller, J.P., Crane, Santucci and Luciano, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant made a prima facie showing of his entitlement to summary judgment dismissing the complaint by demonstrating that the noncompetition clause which the plaintiffs sought to enforce was not reasonably limited both temporally and geographically and, in opposition, the plaintiffs did not raise a triable issue of fact ( see Trans-Continental Credit Collection Corp. v Foti, 270 AD2d 250, 251; cf. Michael G. Kessler Assoc, Ltd. v White, 28 AD3d 724; Stiepleman Coverage Corp. v Raifman, 258 AD2d 515, 516).

The plaintiffs' remaining contentions are without merit.


Summaries of

E.S. Ltd. v. Gold

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 2006
33 A.D.3d 847 (N.Y. App. Div. 2006)
Case details for

E.S. Ltd. v. Gold

Case Details

Full title:EXPRESS SHIPPING, LTD., et al., Appellants, v. MARK GOLD, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 24, 2006

Citations

33 A.D.3d 847 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 7694
822 N.Y.S.2d 783

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