852 N.Y.S.2d 510 (2008)

Supreme Court, Appellate Division, Fourth Department, New York.
RIEDMAN CORPORATION and Brown & Brown, Inc., Plaintiffs-Appellants,
v.
Robert D. GALLAGER and Hatch-Leonard/Markin Shaw, Inc., Defendants-Respondents.
Feb. 1, 2008.

Background: Employer brought action against former employee and his new employer seeking damages arising from alleged breach of employment agreement not to compete. The Supreme Court, Onondaga County, James P. Murphy , J., granted defendants' motion for summary judgment. Employer appealed.

Holdings: The Supreme Court, Appellate Division, held that:
(1) employee's services as an insurance agent were not unique or extraordinary, and thus were not protectable by a non-compete agreement;
(2) there was no evidence that former employee used any confidential information or trade secrets of former employer, as to make employment agreement not to compete enforceable...