On December 4, 2018, Judge Richard D. Northrup, Jr., of the New York State Supreme Court, County of Delaware, declined to grant an employer’s motion for a preliminary injunction and temporary restraining order in the case of Jonathan H.F. Davis, DVM v. Mathew R. Zeh, DVM, Index No. 2018-1073 (Sup Ct., Delaware County 2018). Dr. Davis owns a veterinarian clinic that used to employ Dr. Zeh. After terminating Dr. Zeh’s employment, Dr. Davis sought to prohibit Dr. Zeh, a veterinary doctor, from continuing to practice veterinary medicine in his own clinic. Dr. Davis relied on a non-compete agreement clause in the employment agreement that prohibited employees from engaging in any business that competed with Dr. Davis’ veterinarian business for a period of 3 years. In a decision that recognizes New York’s disfavored view of restrictive covenants, Judge Northrup, Jr., denied the employer’s injunctive relief finding that the employer failed establish likelihood of success on the merits and that the non-compete provision was enforceable. Click here for decision.
