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 compete" (Post v Merrill Lynch, Pierce, Fenner & Smith,
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BUCHANAN CAPITAL MARKETS, LLC v. DeLUCCA
2217N, 651913/16.
144 A.D.3d 508 (2016)
2016 NY Slip Op 07611
41 N.Y.S.3d 229
BUCHANAN CAPITAL MARKETS, LLC, Formerly Known as MARCUM BUCHANAN ASSOCIATES, LLC, Appellant, v. JOANNE DeLUCCA et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided November 15, 2016.
Decided November 15, 2016.
Appellate Division of the Supreme Court of New York, First Department.
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