KARPINSKI V. INGRASCI
28 N.Y. 2d 45 (1971)
NATURE OF THE CASE: This was an action for injunctive relief and for damages for a breach
of a covenant not to compete. Karpinski (P) appealed from an order, which reversed a
judgment for P and dismissed the complaint for breach of a noncompetition agreement.
FACTS: Karpinski (P), an oral surgeon in Cayuga County, wanted to expand his practice. P
hired Ingrasci (D), an oral surgeon, to staff his new office. D agreed to never practice
dentistry and/or oral surgery in Cayuga, Portland, Seneca, Tompkins, or Ontario Counties
except in association with P. D executed a $40,000 promissory note to P to become payable if
D left P and practiced dentistry and/or oral surgery in any of the five stated counties. If
P terminated D's employment, D was released from the noncompete clause. Either party could
terminate the contract with a 60-day notice. The contract expired after three years, and
they were unable to reach a new agreement. D opened his own practice that competed with P in
the five county area; 90% of D's patients were referrals. P closed his second office and
sued to enforce the note and for an injunction. The trial court gave the verdicts to P. They
were overturned on appeal. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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