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GREYSTONE FUNDING CORP. v. KUTNER

363, 651926/13, 652210/13, 590926/13.

137 A.D.3d 427 (2016)

26 N.Y.S.3d 75

2016 NY Slip Op 01442

GREYSTONE FUNDING CORP., Appellant, v. EPHRAIM KUTNER et al., Respondents. (And Another Action and a Third-Party Action.)

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

Decided March 1, 2016.

Assuming, arguendo, that Post v Merrill Lynch, Pierce, Fenner & Smith (48 N.Y.2d 84 [1979]) mandates the invalidation of all restrictive covenants in an employment agreement upon the termination of the employee without cause (compare e.g. Grassi & Co., CPAs, P.C. v Janover Rubinroit, LLC, 82 A.D.3d 700 [2d Dept 2011], with Wise v Transco, Inc., 73 A.D.2d 1039...

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