Appellate Division of the Supreme Court of the State of New York December 22, 2009 (Frank v. Wesco Distribution, Inc.)

Although plaintiffs were both the sons-in-law of the seller of Liberty, the electrical supply and distribution company which sold its assets and goodwill to defendant Wesco, plaintiffs owned no shares or interest in Liberty, and therefore an incidental covenant not to compete was not applicable to plaintiffs (see generally Purchasing Assoc. v Weitz, 13 NY2d 267, 271 [1963]).