In Willis of N. Y., Inc. v. DeFelice, 299AD2d 240, 750 N.Y.S.2d 39 (1st Dept 2002), an insurance brokerage firm sought to restrain its former employees from soliciting its clients. The trial court granted the employer a preliminary injunction with respect to certain of the employees.
On appeal the First Department upheld the restraints against certain employees who were soliciting plaintiff's clients with which they developed relationships while employed at plaintiff, but the court modified the injunction to exclude clients the employees had brought with them to their former employer:
Since the record discloses that many of DeFelice's clients are loyal to him personally, and not to the firm at which he works, he should not be enjoined from soliciting the clients he originally brought with him to plaintiffs, or related account. (299 AD2d at 242.)