Ny State Non-compete

Would an agreement without a provision to pay base comp during non-compete period (undue hardship) and without geographic restrictions (reasonable geographic scope) be enforceable in NY state? Does anyone have experience with getting out of their non-compete clause (particularly in the investment industry) due to your company failing to meet the criteria below?

Per NY law, a non-compete is only allowed and enforceable to the extent it (1) is necessary to protect the employer’s legitimate interests, (2) does not impose an undue hardship on the employee, (3) does not harm the public, and (4) is reasonable in time period and geographic scope. An employer’s legitimate interest may include protecting an employer’s trade secrets and confidential information and preventing employees from taking specialized skills they gained on the job to a competitor. A non-compete’s restrictions must be no greater than necessary to protect the legitimate interests of the employer.