Practice point: Where the agreement is between professionals, the restraint as to unfair competition is enforceable only if the former employee uses the employer's confidential business information, or if the former employee's services are extraordinary or unique.
Student note: A restrictive covenant in an employment agreement is reasonable only if it is no greater than is required for the protection of the employer's legitimate interests; it does not impose an undue hardship on the employee; and it is not injurious to the public.
Harris v. Patients Med., P.C., NY Slip Op 00974 (1st Dep't February 7, 2019)
Here is the decision.
