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FRENKEL BENEFITS, LLC v. MALLORY

1226, 651559/11.

142 A.D.3d 835 (2016)

37 N.Y.S.3d 508

FRENKEL BENEFITS, LLC, Doing Business as FRENKEL & COMPANY, Appellant-Respondent, v. JOSEPH MALLORY et al., Respondents-Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 22, 2016.

Many of the facts underlying this motion are not in dispute. In October 2005, defendant Joseph Mallory became employed by plaintiff Frenkel Benefits LLC (Frenkel). On October 7, 2005, Frenkel and Mallory signed a letter agreement that was drafted by Frenkel's former general counsel. In relevant part, the letter agreement provided as follows: "[Mallory] will not, directly or indirectly, without the written consent of Frenkel... for a period of 24 months from the date [he]...

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