Opinion
April 9, 1996
Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).
The covenant prohibiting defendant from competing with plaintiff's business in the New York City metropolitan area was expressly limited to six months following the termination of defendant's employment with plaintiff. Since the relevant time period has already transpired, the covenant cannot be enforced ( see, Lehman v. Piontkowski, 93 A.D.2d 809, 814, affd 61 N.Y.2d 703). In any event, we note that plaintiff has not demonstrated that it has suffered any injury or shown that the equities are in its favor ( see, Hay Group v. Nadel, 170 A.D.2d 398, 399).
Plaintiff is also not entitled to a preliminary injunction enjoining defendants from soliciting their former customers, since the parties contracted to limit the nonsolicitation of customers to three years following the sale of the business, which period also has already elapsed ( see, MGM Ct. Reporting Serv. v. Greenberg, 74 N.Y.2d 691, 693).
Concur — Murphy, P.J., Milonas, Ross, Nardelli and Tom, JJ.