BROWN & BROWN, INC. v. JOHNSON

1109 CA 13-00340

115 A.D.3d 162 (2014)

980 N.Y.S.2d 631

2014 NY Slip Op 822

BROWN & BROWN, INC., et al., Respondents-Appellants, v. THERESA A. JOHNSON et al., Appellants-Respondents. (Appeal No. 1.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided February 7, 2014.


Attorney(s) appearing for the Case

Phillips Lytle LLP, Buffalo ( Preston L. Zarlock of counsel), for defendants.

Ward Greenberg Heller & Reidy LLP, Rochester, and Littler Mendelson, P.C., New York City ( David S. Warner of counsel), for plaintiffs.

FAHEY, J.P. PERADOTTO, LINDLEY and SCONIERS, JJ., concur.


OPINION OF THE COURT

WHALEN, J.

I

Defendant Theresa A. Johnson was hired by plaintiffs, insurance intermediaries, in December 2006 to provide actuarial analysis for plaintiffs. On her first day of work, Johnson was presented with a number of documents to sign, including an employment agreement (hereinafter, agreement), which contained the three covenants at issue in this dispute: a non-solicitation...

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