Buchanan Capital Markets, LLC v. DeLucca
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Eileen Bransten, J.), entered May 17, 2016, which denied plaintiff’s application for a preliminary injunction, unanimously affirmed, without costs.
Plaintiff sought an injunction enforcing covenants not to compete in employment agreements between its predecessor and defendants. Thus, to show a likelihood of success on the merits, plaintiff had to show that the restrictive covenants were enforceable. However, such covenants are not enforceable if the employer (plaintiff) does not demonstrate “continued willingness to employ the party covenanting not to…
2Cases cited6 opinions
- Post v. Merrill Lynch, Pierce, Fenner & Smith, Inc.New York Court of Appeals · 1979
- Brown & Brown v. Theresa A. JohnsonNew York Court of Appeals · 2015
- Residential Board of Managers of Columbia Condominium v. AldenAppellate Division of the Supreme Court of the State of New York · 1991
- 1 Model Management, LLC v. KavoussiAppellate Division of the Supreme Court of the State of New York · 2011
- Sterling Fifth Associates v. Carpentille Corp.Appellate Division of the Supreme Court of the State of New York · 2004
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