42 Cited authorities

BDO Seidman v. Hirshberg
93 N.Y.2d 382 (N.Y. 1999) Cited 456 times 24 Legal Analyses
Holding that the legitimate employer interests are limited to "the protection against misappropriation of the employer's trade secrets or of confidential customer lists, or protection from competition by a former employee whose services are unique or extraordinary."
Cooney v. Osgood Mach
81 N.Y.2d 66 (N.Y. 1993) Cited 464 times 2 Legal Analyses
Adopting situs of tort as "tie breaker" in true conflict cases
Voss v. Neth. Ins. Co.
2014 N.Y. Slip Op. 1259 (N.Y. 2014) Cited 245 times 1 Legal Analyses
In Voss, the plaintiff asked the defendant whether an insurance policy with $75,000 in business interruption coverage would be sufficient, and the defendant “allegedly assured her that it would suffice.
Zurich Ins v. Shearson Lehman
84 N.Y.2d 309 (N.Y. 1994) Cited 287 times 1 Legal Analyses
Holding that New York courts interpret contracts under the law of the state with the most significant relationship to the transaction
Fieger v. Pitney Bowes Credit Corp.
251 F.3d 386 (2d Cir. 2001) Cited 215 times
Holding that, while "it is helpful to consider the decisions of state's trial . . . courts," those decisions should be "disregarded" if "a federal court . . . is convinced by other persuasive data that the highest court of the state would decide otherwise"
Holterman v. Holterman
3 N.Y.3d 1 (N.Y. 2004) Cited 189 times
Requiring husband "to maintain $500,000 of life insurance, with [wife] as the primary beneficiary, terminat[ing] upon [husband's] completion of his three obligations to pay the distributive award, child support and maintenance"
Bigio v. Coca-Cola Co.
675 F.3d 163 (2d Cir. 2012) Cited 148 times
Finding that plaintiff failed to show agency relationship between parent and subsidiary where the plaintiffs alleged that the parent invested in the subsidiary, continued to do business with the subsidiary through the case, and advised the subsidiary on the subject of profitability, and that the allegations "amount[ed] to nothing more than the usual concomitants of the relationship between a parent and a partially-owned subsidiary"
Welsbach Electric Corp. v. MasTec North America
2006 N.Y. Slip Op. 8632 (N.Y. 2006) Cited 167 times 1 Legal Analyses
Holding that New York's public policy against pay-if-paid contracts is not so fundamental that it should override the parties' choice of Florida law, which permits pay-if-paid contracts
Boss v. American Express Financial Advisors, Inc.
2006 N.Y. Slip Op. 1045 (N.Y. 2006) Cited 100 times 1 Legal Analyses
Holding forum selection clause must be enforced where contract unambiguously states that disputes are to be decided in courts of Minnesota and finding that under contract parties waived privilege to have claims heard elsewhere
Purchasing Assoc. v. Weitz
13 N.Y.2d 267 (N.Y. 1963) Cited 241 times
Holding that services are "unique or extraordinary" only if their loss would cause employer "irreparable injury"
Section 542.335 - Valid restraints of trade or commerce
Fla. Stat. § 542.335 Cited 300 times 44 Legal Analyses
Prohibiting a court from enforcing a restrictive covenant “unless it is set forth in a writing signed by the person against whom enforcement is sought”

Brown & Brown, Inc., et al., Appellants,v.Theresa A. Johnson, et al., Respondents. (AD No. CA 13-00340)

42 Cited authorities

Holding that the legitimate employer interests are limited to "the protection against misappropriation of the employer's trade secrets or of confidential customer lists, or protection from competition by a former employee whose services are unique or extraordinary."

Adopting situs of tort as "tie breaker" in true conflict cases

In Voss, the plaintiff asked the defendant whether an insurance policy with $75,000 in business interruption coverage would be sufficient, and the defendant “allegedly assured her that it would suffice.

Holding that New York courts interpret contracts under the law of the state with the most significant relationship to the transaction

Holding that, while "it is helpful to consider the decisions of state's trial . . . courts," those decisions should be "disregarded" if "a federal court . . . is convinced by other persuasive data that the highest court of the state would decide otherwise"

Requiring husband "to maintain $500,000 of life insurance, with [wife] as the primary beneficiary, terminat[ing] upon [husband's] completion of his three obligations to pay the distributive award, child support and maintenance"

Holding that New York's public policy against pay-if-paid contracts is not so fundamental that it should override the parties' choice of Florida law, which permits pay-if-paid contracts

Holding forum selection clause must be enforced where contract unambiguously states that disputes are to be decided in courts of Minnesota and finding that under contract parties waived privilege to have claims heard elsewhere

Holding that services are "unique or extraordinary" only if their loss would cause employer "irreparable injury"

Prohibiting a court from enforcing a restrictive covenant “unless it is set forth in a writing signed by the person against whom enforcement is sought”