283 A.D. 451 | N.Y. App. Div. | 1954
The judgment appealed from enjoins the defendant Bosner, a former employee of the plaintiffs, for a period of three years from engaging in the industrial laundry business in the County of Monroe and certain other neighboring-counties. He is perpetually enjoined from soliciting plaintiffs’ customers with whom he became acquainted while in plaintiffs’ employ or from giving- out information concerning plaintiffs’ customers or plaintiffs’ business. It also enjoins the defendant Allied Industrial Laundry, Inc., from employing- the defendant Bosner in connection with its business.
The defendant Bosner, however, did contract that he would not solicit the customers of the plaintiffs with whom he became acquainted and whom he served while in the employ of the plaintiffs. He and the plaintiffs thereby agreed as to what would constitute a fair practice in the event that Bosner became a competitor of the plaintiffs after the termination of his employment with the plaintiffs. The defendant Bosner may well be in a position to injure the plaintiffs by taking advantage of the favor he may have found with plaintiffs’ customers with whom he became acquainted and served while in plaintiffs’ employ. Plaintiffs are entitled to protection against unfair competition (see Interstate Tea Co. v. Alt, 271 N. Y. 76, 80, and Peekskill Coal & Fuel Oil Co. v. Martin, 279 App. Div. 669). That part of the agreement shotild be enforced by injunction for a reasonable period of time. We think that three years from November 16, 1951, when Bosner left the employ of the plaintiffs, constitutes a reasonable period of time during which
The judgment should be modified accordingly and, as so modified, affirmed.
All concur. Present — McCubn, P. J., Vaughan, Kimball, Pipes and Wheeleb, J J.
Judgment modified on the law and facts in accordance with the opinion and as modified affirmed, without costs of this appeal to any party. Certain findings of fact disapproved and reversed and new findings made, [gee post, p. 998.]