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Tuesday, January 22, 2013

Law1101

Karpinski v . Ingrasci28 N .Y . 2d 45 , 268 N .E .2d 751 , 320 N .Y .S .2d 1 , 62 A .L .R 3d 1006Student s Name category and SectionI . Facts : complainant Dr . Kapinski opened a second office in Ithaca because his clients find it difficult to travel to his original office in Auburn . He hired Dr . Ingrasci , a Buffalo world(a) Hospital trainee on oral surgery , as his jock . They signed a contract stating that Dr Ingrasci was to live in Ithaca and that Dr . Ingrasci volition never practice dentistry and /or Oral mental process in Cayuga , Cortland , Seneca Tompkins or Ontario counties except : in association with Dr . Karpinski or if Dr . Karpinski terminates the agreement and employs another oral surgeon Also , the defendant was to execute a 40 ,000 promissory note in case he practices in the five enumerated counties . In 1968 , Dr Ingrasci left wing his employer and opened another clinic in Ithaca . This led to the closure of Dr .
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Karpinski s Ithaca clinicII . Contentions of the Parties : Plaintiff avers that there was a breach of the restrictive covenant and prays not only injunction but an cede of 40 ,000 as well . The Supreme Court , Cayuga County granted the injunction and award of damages . The defendant appealed the decision where the Appellate Division reversed the judgment and held that the restrictive covenant was impermissibly broadIII . Issue : The issuance is whether the restrictive covenant is impermissibly broadIV . Decision : The Court of Appeals averred that the plaintiff...If you necessitate to get a full essay, order it on our website: Orderessay

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