Newco Waste Systems v. Brian F. Swartzenberg Et Al. - Supreme Court of New York

Newco Waste Systems v. Brian F. Swartzenberg Et Al.

By Supreme Court of New York

  • Release Date - Published: 1986-12-19
  • Book Genre: Law
  • Author: Supreme Court of New York
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Newco Waste Systems v. Brian F. Swartzenberg Et Al. Supreme Court of New York read online review & book description:

[125 A.D.2d 1004 Page 1004] Order unanimously reversed, on the law, without costs, and motion denied. Memorandum: In 1983, defendant Brian F. Swartzenberg entered into an employment contract with plaintiff, Newco Waste Systems, Inc., containing a prohibition against disclosure or use of confidential information and a covenant not to compete after termination of his employment. Swartzenberg was employed as chief operating officer of Newco Waste Systems, Inc. and vice-president of Browning-Ferris Industries of New York, Inc. Newco Waste Systems, Inc. and Browning-Ferris Industries of New York, Inc. are wholly owned subsidiaries of Browning-Ferris Industries, Inc., one of the giants of the waste disposal industry. Swartzenberg terminated his employment with plaintiffs on March 31, 1986 and shortly thereafter formed defendant, Integrated Waste Systems, Inc. Plaintiffs commenced the present action seeking a permanent injunction and an accounting based on Swartzenberg's breach of the restrictive covenants of his employment contract and his common-law fiduciary duty of loyalty and trust. Plaintiffs simultaneously moved for a preliminary injunction to enforce the restrictive covenants of Swartzenberg's [125 A.D.2d 1004 Page 1005]

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