A.B. Dick Companyv.Froschauer

Appellate Division of the Supreme Court of New York, Third DepartmentJun 2, 1988
141 A.D.2d 905 (N.Y. App. Div. 1988)

June 2, 1988

Appeal from the Supreme Court, Albany County (Doran, J.).

Plaintiff's demands for injunctive relief in its complaint and its motion for a preliminary injunction are based upon defendant's agreement not to compete for a period of one year following termination of his employment with plaintiff. Plaintiff argues on appeal that the agreement established a one-year period of noncompetition which could be enforced at any time, but the agreement specifies that the one-year period begins to run upon termination of defendant's employment. Plaintiff offers no justification for seeking to vary the terms of the unambiguous one-year covenant not to compete which it drafted. Since this one-year period expired May 11, 1988, plaintiff's appeal from the order denying its motion for a preliminary injunction is moot.

Appeal dismissed, with costs. Mahoney, P.J., Kane, Casey, Weiss and Mercure, JJ., concur.