• SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
  • Jan 22 2013 (Date Decided)
  • Angiolillo, J.P.; Hall, Roman and Cohen, JJ.
MARK B. YEDLIN, res, v. EDWARD LIEBERMAN, ET AL., ap — (INDEX NO. 4967/11)In an action, inter alia, for injunctive relief and a judgment declaring that the restrictive covenant in the parties' employment agreement is unenforceable, the defendants appeal, as limited by their brief, (1) from so much of an order of the Supreme Court, Nassau County (Warshawsky, J.), dated August 11, 2011, as granted the plaintiff's motion for a preliminary injunction and denied those branches of their cross motion which were pursuant to CPLR 3211(a) to dismiss the cause of action for injunctive relief and, in effect, for summary judgment declaring that the restrictive covenant is enforceable, and (2) from so much of an order of the same court dated November 3, 2011, as, in effect, upon reargument, adhered to the original determination.

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