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DELFINO INSULATION CO., INC. v. JAWOROWSKI

55 A.D.3d 654 (2008)

865 N.Y.S.2d 353

DELFINO INSULATION CO., INC., Appellant, v. JOHN J. JAWOROWSKI et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 14, 2008.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for breach of contract against its former employee John J. Jaworowski for his alleged breach of a noncompete agreement (hereinafter the agreement) which prohibited Jaworowski from seeking similar employment for a period of three years after leaving the plaintiff's employ and "within a seventy-five (75) mile radius of the business location of any branch ... of [the...

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