Opinion
2014-02-7
BROWN & BROWN, INC. and Brown & Brown of New York, Inc., Plaintiffs–Respondents, v. Theresa A. JOHNSON and Lawley Benefits Group, LLC, Defendants–Appellants. (Appeal No. 2.).
Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered January 10, 2013. The order, among other things, granted the motion of plaintiffs for leave to reargue and, upon reargument, reinstated that part of plaintiffs' first cause of action alleging that defendant Theresa A. Johnson breached the employee non-inducement covenant in her Employment Agreement. Phillips Lytle LLP, Buffalo (Preston L. Zarlock of Counsel), for Defendants–Appellants. Ward Greenberg Heller & Reidy LLP, Rochester, Littler Mendelson, P.C., New York City (David S. Warner of Counsel), for Plaintiffs–Respondents.
Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered January 10, 2013. The order, among other things, granted the motion of plaintiffs for leave to reargue and, upon reargument, reinstated that part of plaintiffs' first cause of action alleging that defendant Theresa A. Johnson breached the employee non-inducement covenant in her Employment Agreement.
Phillips Lytle LLP, Buffalo (Preston L. Zarlock of Counsel), for Defendants–Appellants. Ward Greenberg Heller & Reidy LLP, Rochester, Littler Mendelson, P.C., New York City (David S. Warner of Counsel), for Plaintiffs–Respondents.
Same Opinion by Whalen, J. as in Brown & Brown, Inc. v. Johnson, et al. ( [Appeal No. 1], 115 A.D.3d 162, 980 N.Y.S.2d 631, 2014 WL 486703 [Feb. 7, 2014] ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. FAHEY, J.P., PERADOTTO, LINDLEY, SCONIERS, and WHALEN, JJ., concur.