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Sprinzen v. Nomberg

Court of Appeals of New York

389 N.E.2d 456 (1979)

Relevant factsFree

Nomberg (defendant) signed an employment agreement with Local 1115 (plaintiff) containing a five-year non-compete for labor organizing and naming a specific arbitrator for disputes; after Nomberg left to work for a competing union and refused to participate in arbitration over alleged bias (having agreed to that arbitrator at signing), the named arbitrator ruled for Local 1115 and enjoined Nomberg, and the Appellate Division vacated the award as violating public policy.

IssueFree

Whether, under New York law, the enforcement of a reasonable restrictive employment covenant by a mutually agreed upon arbitrator is subject to judicial challenge on public policy grounds.

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