Armbruster Capital Mgt., Inc. v Barrett

Holding The court affirmed the lower court’s denial of partial summary judgment because defendants raised triable issues of fact regarding the enforceability of restrictive covenants and the substantiality of any alleged breach. The appellate court determined that these factual disputes precluded the grant of summary judgment on the breach of contract claim.

The court’s words

defendants raised questions of fact concerning the enforceability of the restrictive covenants in the asset purchase agreement

2026 NY Slip Op 04576, at the official text

whether any purported breach by defendants was so substantial that it defeated the object of the parties in making the contract

2026 NY Slip Op 04576, at the official text