Mitel Telecommunications Systems, Inc. v. Napolitano

Order, Supreme Court, New York County (Alice Schlesinger, J.) entered June 8, 1995, which denied plaintiffs motion for a preliminary injunction enjoining defendants from competing with its business for a period of six months, and from soliciting any former customers, unanimously affirmed, with costs.

The covenant prohibiting defendant from competing with plaintiffs business in the New York City metropolitan area was expressly limited to six months following the termination of defendant’s employment with plaintiff. Since the relevant time period has already transpired, the covenant cannot be…