BROWN & BROWN, INC. v. JOHNSON, THERESA A.
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Opinion
SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
1110 CA 13-00341 PRESENT: FAHEY, J.P., PERADOTTO, LINDLEY, SCONIERS, AND WHALEN, JJ.
BROWN & BROWN, INC. AND BROWN & BROWN OF NEW YORK, INC., PLAINTIFFS-RESPONDENTS,
V OPINION AND ORDER
THERESA A. JOHNSON AND LAWLEY BENEFITS GROUP, LLC, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)
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.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Same Opinion by WHALEN, J. as in Brown & Brown, Inc. v Johnson, et al. ([appeal No. 1] ___ AD3d ___ [Feb. 7, 2014]).
Entered: February 7, 2014 Frances E. Cafarell Clerk of the Court
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