Non-compete enforceability in New York

Primary statute

Controlling case-law

• BDO Seidman v. Hirshberg, 93 N.Y.2d 382, 712 N.E.2d 1220 (N.Y. 1999)

  NY adopted Restatement §184(2) partial enforcement: covenant enforceable to extent reasonable IF no overreaching or coercive bargaining-power abuse. Court narrowed an 18-month covenant's client class but kept time/geo intact.

Doctrine

Partial enforcement (BDO Seidman). Courts narrow over-broad covenants to the extent reasonable, but only if the employer did not engage in overreaching or coercive bargaining-power abuse.

Industry-specific rules

• broadcast

  Voids non-competes for broadcast employees.

  N.Y. Lab. Law § 202-k (Broadcast Employees Freedom To Work Act 2024)Secondary

Gotchas

• NY is closer to limited reformation than pure blue-pencil — 'partial enforcement' lets courts narrow rather than mechanically strike.
• Overreaching / coercive bargaining-power-abuse fact pattern can void the entire covenant.
• Several proposed statewide non-compete bans have failed in the legislature; current floor is BDO Seidman.