Investor Access Corp. v. Doremus & Co

In Investor Access Corp. v. Doremus & Co. (186 AD2d 401, 588 NYS2d 842 [1st Dept 1992], lv denied 81 NY2d 706, 613 NE2d 968, 597 NYS2d 936 [1993]), involved a defendant executive who signed an employment agreement upon hire, restricting him from soliciting or servicing any current or former client of the firm for a period of 12 months after termination. Upon the executive's commencement of work at a competing firm, a major account followed him, and his former employer sought specific enforcement of the employment agreement. The Court refused to grant specific enforcement because the restrictive covenant did not protect a legitimate interest of the employer firm because the executive did not provide "unique or extraordinary" services to his employer, and had not misappropriated any trade secrets or confidential information. Further, the Court held that the executive's recollection of information pertaining to particular clients is not confidential, and the client's decision to follow the defendant to his new employment was based on the defendant's familiarity of the client's needs and outstanding ability in the field. (Id. at 404.)