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RODNEY A. BECHER, Appellant, v. J. AARON PERESS, Respondent.

Order affirmed, with costs.

The law is settled that covenants restricting a professional, and in particular a physician, from competing with a former employer or associate are generally acceptable and enforceable ( see, e.g., Gelder Med. Group v. Webber, 41 N.Y.2d 680, 683) and are not violative of General Business Law § 340 ( see, Matter of Freeman, 34 N.Y.2d 1; People v. Roth, 52 N.Y.2d 440, 447). Special Term properly refused to dismiss defendant's counterclaims seeking to enforce the agreement in question.

Under the circumstances of this case, including the equities involved, the preliminary injunction was properly granted to maintain the status quo between the parties.

We have considered plaintiff's other contentions and find them to be without merit. Mangano, J.P., Bracken, Rubin and Kunzeman, JJ., concur.

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BECHER v. PERESS
(Jun 24, 1985)