Duro-Test Corp. v. Ward

The complaint does not allege that defendant has violated any confidence. His fault is that he, in violation of the contract, has accepted employment from a competitor of plaintiff. Against this, plaintiff is not entitled to protection (General Business Law, § 340).

The contract is too broad in its terms and is unenforcible. (Paramount Pad Co. v. Baumrind, 4 N Y 2d 393; Murray v. Cooper, 268 App. Div. 411, affd. 294 N. Y. 658.)

The motion is granted with $10 costs.