non-compete contract interpretation

I am currently employed with a non-compete contract in place that stipulates "I can not perform my trade
within a 5 mile radius of my current employers location." My question is this... Does this pertain to five driving miles, as per my odometer or a 5 mile radius while looking at a map?
Thank You In Advance
Tom Mirizio

1 answer  |  asked Jan 15, 2003 06:37 AM [EST]  |  applies to New York

Answers (1)

Steven V. Modica
non-compete interpretation

This is strictly a matter of contract. If not defined, common sense should apply. The answer could also depend on the type of business. For example, for a restaurant in the Armory Square section of Syracuse, five miles would probably be measured in street driving and NOT "as the crow flies."

Good luck.

posted by Steven V. Modica  |  Jan 15, 2003 3:40 PM [EST]

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