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Euro-Cut, Inc. v. Futersak

476 F. Supp. 2d 218 (E.D.N.Y. 2007)
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Euro-Cut, Inc. v. Futersak

2 Citing cases

  1. The Ayco Co. v. Frisch

    795 F. Supp. 2d 193 (N.D.N.Y. 2011)   Cited 11 times   1 Legal Analyses
    Finding that where "the alleged conduct that g[ave] rise to Plaintiff's tort law claims is the same as that which gave rise to its breach of contract claims . . . it is both efficacious and reasonable for New York law[, which governed the contract claims,] to apply to the tort claims as well."

    Finally, the loss of an employer's confidential customer information also constitutes irreparable harm. See, e.g., North Atlantic Instruments, Inc. v. Haber, 188 F.3d 38, 49 (2d Cir.1999) (citing FMC Corp. v. Taiwan Tainan Giant Indus. Co., 730 F.2d 61, 63 (2d Cir.1984)); Wenner Media LLC v. Northern & Shell North Am. Ltd., No. 05 Civ. 1286, 2005 WL 323727, at *3–*4 (S.D.N.Y. Feb. 8, 2005); Euro Brokers, 1993 WL 213026, at *1 (citing Ecolab, 753 F.Supp. at 1110); Euro–Cut, Inc. v. Futersak, 476 F.Supp.2d 218, 227 (E.D.N.Y.2007). Where an employee agrees that breach of a post-employment competition provision will leave an employer without adequate remedy at law and will entitle it to injunctive relief, that agreement may be suggestive of the irreparable injury the employer suffers in its breach.

  2. AYCO COMPANY, L.P. v. FELDMAN

    1:10-CV-1213 (GLS/DRH) (N.D.N.Y. Oct. 22, 2010)   Cited 7 times
    Finding that the plaintiff established irreparable harm when the defendant, a financial advisor, abruptly resigned to take a job with a competitor and convinced several of the plaintiff's clients to move to the defendant's new employer, all in violation of a non-compete provision

    ployer plaintiff will suffer irreparable harm if a defendant employee breaching a 120-day non-compete clause "is allowed to immediately work for a competitor, or otherwise solicit these customers, [as] these customers are likely to follow him because of their unique relationship," thereby depriving the plaintiff of the benefit of its bargain); Kelly v. Evolution Markets, Inc, 626 F. Supp. 2d 364, 376 (S.D.N.Y. 2009); see also Eurobrokers Capital Markets, Inc. v. Flinn, No. 93 Civ. 3785, 1993 WL 213026, at *1 (S.D.N.Y. June 16, 1993). The loss of an employer's confidential customer information also constitutes irreparable harm. See, e.g., North Atlantic Instruments, Inc. v. Haber, 188 F.3d 38, 49 (2d Cir. 1999) (citing FMC Corp. v. Taiwan Tainan Giant Indus. Co., 730 F.2d 61, 63 (2d Cir. 1984)); Wenner Media LLC v. Northern Shell North Am. Ltd., No. 05 Civ. 1286, 2005 WL 323727, at *3-*4 (S.D.N.Y. Feb. 8, 2005); Eurobrokers, 1993 WL 213026, at *1 (citing Ecolab, 753 F. Supp. at 1110); Euro-Cut, Inc. v. Futersak, 476 F. Supp. 2d 218, 227 (E.D.N.Y. 2007). Where an employee agrees that breach of the post-employment competition provision will leave an employer without adequate remedy at law and shall entitle it to injunctive relief, that agreement may be suggestive of the irreparable injury the employer suffers in its breach.