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Community Hospital Group4/5/2005
by [defendant] that he will abide by and be bound by each of the covenants and agreements set forth [in the restrictive covenant section of the employment agreement].
[Emphasis added.]
When, as here, equitable considerations are paramount, those actions constitute crass opportunistic behavior deserving of nothing more than our condemnation. Therefore, because I would affirm in all respects the thoughtful opinion of the Appellate Division, Community Hosp. Group v. More, 365 N.J. Super. 84 (App. Div. 2003), I must respectfully dissent from that part of the Court's opinion that "blue pencils" the geographic limits of the restrictive covenant and remands the case to the Chancery Division.
Chief Justice Poritz PRESIDING
CONCURRING/DISSENTING OPINION BY Justice Rivera-Soto
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