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SMITH v. TRAIN, SMITH COUNSEL, L. L. C.

269 A.D.2d 299 (2000)

704 N.Y.S.2d 460

F. RANDALL SMITH, Respondent, v. TRAIN, SMITH COUNSEL, L. L. C., Appellant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 24, 2000.

Looking "behind and beyond the label to ascertain the true nature of the transaction" (Purchasing Assocs. v Weitz, 13 N.Y.2d 267, 273), the motion court properly determined that the restrictive covenant at issue was made in connection with a contract of employment and properly exercised its discretion in denying the motion for a preliminary injunction since defendant failed to establish a likelihood of success on the merits, that...

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