Court of Appeals of New York
690 N.Y.S.2d 854 (1999)
Mr. Hirshberg (defendant) worked for BDO Seidman, (BDO) (plaintiff) an accounting firm, from 1984 to 1993 at BDO’s Buffalo office. In 1989, Hirshberg was promoted to manager and required to sign a “Manager’s Agreement” that contained a provision that prevented Hirshberg from serving any former client of BDO’s Buffalo office for 18 months upon Hirshberg’s termination. Hirshberg resigned in 1993. In 1995, BDO sued Hirshberg and presented the court with a list of BDO clients that Hirshberg had stolen in violation of the covenant in Hirshberg’s “Manager’s Agreement.” The Supreme Court granted Hirshberg’s motion for summary judgment stating that restrictive covenant was unreasonable and unenforceable. The Appellate Division affirmed the decision of the Supreme Court. BDO appealed.
Rule of Law
Holding and Reasoning (Levine, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 205,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.