Carvel Corporation v. Rait, 503 N.Y.S. 406 (Appellate Division, Second Department of NY)

Jun 09, 1986

OUTCOME: After I orally argued the case before the Appellate Division, Second Department, in New York, the court unanimously upheld summary judgment in favor of my client that the non-competition clause was enforceable.

This was a case involving interpretation of a non-competition provision in franchise agreements. This issue had never been decided by New York courts before and, as such, was a "case of first impressio ... n" for those courts. I represented the plaintiff/appellee in connection with defendant's appeal. The defendant had claimed an ambiguity in their franchise agreement concerning the meaning of "termination" for purposes of triggering the non-competition provision.