Karpinski v. Ingrasci
Court of Appeals of New York
268 N.E.2d 751 (1971)
Dr. Karpinski (plaintiff), an oral surgeon, hired Dr. Ingrasci (defendant), a recent graduate, under a three-year employment contract containing a covenant not to compete. The covenant permanently barred Ingrasci from practicing dentistry or oral surgery in five specific counties from which Karpinski's practice drew referrals, and set $40,000 in liquidated damages for violation. After his contract term ended, Ingrasci left and opened a competing oral surgery practice in Ithaca just one week later, quickly capturing most of Karpinski's referral business and forcing Karpinski to close his office. Karpinski sued to enjoin Ingrasci and recover the $40,000. The trial court ruled for Karpinski on both remedies, but the appellate court reversed, finding the covenant overbroad because it also barred general dentistry, not just oral surgery.
Whether a covenant not to compete between an oral surgeon and a former associate is enforceable when it also restricts general dentistry, which is broader than the oral-surgery practice it seeks to protect.