In Riedman Corp. v. Gallager, 48 AD3d 1188, 852 N.Y.S.2d 510 (4th Dep't 2008), a plaintiff insurance company alleged a breach of an agreement that the defendant employee would use confidential information only in furtherance of his employment with the plaintiff. Id. at 1188.
The defendant had further agreed that he would not solicit or accept insurance business from any of the plaintiff's customers for two years after the termination of his employment. Id.
The defendant allegedly continued to service the plaintiff's clients after the defendant was released from his employment with the plaintiff and accepted a position with another company. Id.
The court therein held that the services of an insurance agent were not unique or extraordinary and refused to enforce the non-compete covenants.
The court then granted summary judgment in favor of the defendant employees. Id. at 1189.