Computer Task Group, Inc. v. Ehlke

—Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting the motion of defendant seeking partial summary *974judgment on liability with respect to his counterclaims for back retirement benefits under an Executive Supplemental Benefit Plan (Plan) and a declaration that plaintiff is required to pay benefits to defendant in the future; awarding defendant counsel fees pursuant to the Labor Law; and dismissing plaintiffs complaint. In granting defendant’s motion, the court determined that the non-compete provision of the…