Originally from Dispute Resolution Journal

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EMPLOYMENT CONTRACT — RESTRICTIVE COVENANT — NONARBITRABILITY — NEW YORK

Issue of legality regarding employee's allegation that restrictive covenant in employment agreement was in restraint of trade was held to be for court determination and not arbitration. Also held to be for court determination was question whether any illegality is severable or permeates the entire contract.

Weintraub v. Vigilant Protective Systems, Inc., NYS2d (App. Div. Lat 1971),  New York Law Journal, Feb. 19, 1971, p. 2 col. 2.