A doctor cannot be preliminarily enjoined from breaching certain restrictive covenants in an employment agreement between her and a former physicians group where the group has failed, among other things, to show that the doctor is exercising an “unfair advantage,” an appeals court has ruled.
Dr. Marcia Harris, who has sued her former employer—Patients Medical P.C., a holistic wellness center in Manhattan that employs “holistic physicians” of various specialties, according to its website—cannot be preliminarily stopped from performing obstetrician-gynecologist and ancillary services at another medical professional group she has joined, an Appellate Division, First Department panel has ruled.
