State Of New York Court Seal

The Pels Law Firm gained a major victory on behalf of a top urologist against the largest, independent multi-specialty medical group in New York State.

In March 2019, Jon D. Pels met with the plaintiff in Manhattan and agreed to take over this case from another law firm. The case arose out of a restrictive covenant by a very large medical group in New York which, in essence, precluded the plaintiff, after he was forced to leave the group, from practicing medicine in an area in which he had practiced for more than 45 years. The medical group countersued the plaintiff for breach of contract and tortious interference with contract and with prospective economic relations. In September 2019, the Pels Law Firm successfully obtained summary judgment on plaintiff’s claim for breach of contract and a judgment declaring that the restrictive covenant was unenforceable. The Court also granted plaintiff’s motion for summary judgment against all of defendant’s counterclaims.

The Court found the covenant to be geographically over-broad. The Court noted, “it is undisputed that (defendant), from a superior bargaining position, required (plaintiff) to sign the employment agreement as a prerequisite to being hired, and refused to negotiate the covenant.” Most importantly, the plaintiff now can continue to serve his numerous long-time, loyal patients.

“Kerry Edwards, Maria Olsen and Erin Webb handled the lion’s share of the research and writing of the briefs in the case and demonstrated yet again why, pound for pound, we can litigate against some of the best firms in the country and win,” said trial attorney, Pels.

Said the referring attorney to Pels: “One final point, as we say in the Airborne Infantry, ‘It’s a real good feeling to fight beside a man who knows how to stand the door and go to war.’ This is you in spades, brother.”