Legal Opinion
Post v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
New York Court of Appeals
Decided October 18, 1979PublishedCited by 65 opinions
1Opinion of the Court
OPINION OF THE COURT
Wachtler, J.
The narrow issue presented by this appeal from a grant of summary judgment for the defendant is the efficacy of a private pension plan provision permitting the employer to forfeit pension benefits earned by an employee who competes with the employer after being involuntarily discharged.
We begin with the premise that "powerful considerations of public policy * * * militate against sanctioning the loss of a man’s livelihood” (Purchasing Assoc. v Weitz, 13 NY2d 267, 272). So potent is this policy that covenants tending to re*87strain anyone from engaging in any…
2Cases cited6 opinions
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. WareSupreme Court of the United States · 1973
- Reed, Roberts Associates, Inc. v. StraumanNew York Court of Appeals · 1976
- Columbia Ribbon & Carbon Manufacturing Co. v. A-1-A Corp.New York Court of Appeals · 1977
- Purchasing Associates, Inc. v. WeitzNew York Court of Appeals · 1963
- Kristt v. WhelanAppellate Division of the Supreme Court of the State of New York · 1957
1 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Edward E. Lucente, Plaintiff-Appellee-Cross-Appellant v. International Business MacHines Corporation, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 2002
- Norton Sarnoff and Carl Fletcher, and v. American Home Products Corporation, Defendant-Appellant-AppelleeCourt of Appeals for the Seventh Circuit · 1986
- Cohen v. LordNew York Court of Appeals · 1989
- Hall v. Edgewood Partners Insurance Center, Inc.Court of Appeals for the Sixth Circuit · 2017
- Borne Chemical Co. v. DictrowAppellate Division of the Supreme Court of the State of New York · 1981
60 more not listed; retrieve them via the Exa API.