Paula Lopez, March 10, 2017. In a recent appeals decision, New York’s Appellate Division, First Department (which hears appeals from lower courts in New York County and Bronx County) affirmed a lower court’s denial of an application for a preliminary injunction to enforce non-compete and non-solicitation provisions included in employment agreements entered into between the plaintiff’s predecessor and its employees.  Critical to the court’s holding was its finding that an employer must demonstrate a “continued willingness to employ the employees” if it seeks to enforce such restrictive covenants….