This was a sale of business in June 2011. The business was a dance studio. I sold my business of 5 years (been in the business for 25 years) to who I thought was a friend of mine. My husband was being transfered out of state for his job. After the sale was complete, my husbands transfer fell through and we were forced to move back home. This person I sold my dance studio to is enforcing the non compete we signed and will not budge. The terms are 5 years and/or a 50 mile radius. It has been 2 years since the non compete was signed. I now have the opportunity to work for a local dance studio as an employee. Will NYS uphold the noncompete terms even after 2 years? Is the 5 years/50 mile radius terms unreasonable?
I have been a dance instructor for over 30 years. It is my livelihood, which this non compete has taken away. I have no college degree, as dance instruction is all I have ever done to support myself and family. Having been unsuccessful in finding a job outside of dancing, my family had to file for bankruptcy in 2012.
Like most states the term must be reasonable and such is based on a case-by-case basis--but with the sale of a business they are not to keen on breaking the bargain struck between the buyer/seller--as it is not like you were an executive or other occupations that generally received no consideration for the non compete.
That said, a NY atty will be able to give you more info.
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Lawsuit / Dispute Attorney
There are never any guarantees, but since you sold the good will at the same time that you sold your business, a court more likely than not would enforce the agreement. Ordinarily 5 year agreements are considered too long, but when you sell a business, you are covenanting not to solicit clients, and therefore courts are more apt to enforce figuring it is a negotiated term. The 50 mile radius would likely be found to be reasonable even if you did not sell the business.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
2 lawyers agree
Criminal Defense Attorney
I would generally agree with Attorney Gold, but would question whether, considering the nature of your business, the 50 mile radius is to much. No real answer can be given though without reviewing the sales agreement and performing research of recent case law. You need to hire an attorney, in your geographic area, to assist you.