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American Broadcasting Companies v. Wolf

Court of Appeals of New York

420 N.E.2d 363 (1981)

Relevant factsFree

Wolf's (defendant) contract with ABC (plaintiff) required good-faith negotiation and an exclusive negotiating window before expiration, plus a post-expiration right of first refusal; Wolf secretly negotiated with and orally agreed to join CBS before his exclusive-negotiation window with ABC ended, then formally resigned from ABC, and ABC sued for specific enforcement of its first-refusal rights and to enjoin Wolf's move to CBS.

IssueFree

Whether specific enforcement of a personal service contract, for the duration of the contract, is appropriate when an employee refuses to perform during the period of employment, was furnishing unique services, has expressly or by clear implication agreed not to compete for the duration of the contract, and the employer faces irreparable injury.

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