
    Duro-Test Corporation, Plaintiff, v. Edward H. Ward, Defendant.
    Supreme Court, Special Term, Cayuga County,
    October 8, 1958.
    
      Gleason & Doyle (John P. Doyle of counsel), for plaintiff.
    
      Michaels, Port dk Cuddy (George M. Michaels of counsel), for defendant.
   James C. O’Brien, J.

The complaint does not allege that defendant has violated any confidence. His fault is that he, in violation of the contract, has accepted employment from a competitor of plaintiff. Against this, plaintiff is not entitled to protection (General Business Law, § 340).

The contract is too broad in its terms and is unenforcible. (Paramount Pad Co. v. Baumrind, 4 N Y 2d 393; Murray v. Cooper, 268 App. Div. 411, affd. 294 N. Y. 658.)

The motion is granted with $10 costs.  