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TWO RIVS. ENTITIES, LLC v. SANDOVAL

Index No. 656906/19. Appeal No. 13229. Case No. 2020-03167.

192 A.D.3d 528 (2021)

2021 NY Slip Op 01527

Two Rivers Entities, LLC, Appellant, v. Tacho Sandoval, Respondent.

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

Decided March 16, 2021.

Attorney(s) appearing for the Case

Perkins Coie LLP, New York ( Adam R. Mandelsberg of counsel), for appellant.

Anderson Kill P.C., New York ( Jeremy E. Deutsch of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Kennedy, Scarpulla, JJ.

Section 5.7 of the relevant operating agreement, labeled "Non-Competition," forbade any member from "directly or indirectly invest[ing] in, or engag[ing] in any business which engages in Trading Instruments or in any manner competes with the business of [Plaintiff], except for an ownership interest of less than 2% in any publicly traded Company."

Plaintiff's breach of contract claim is premised on the allegation that defendant...

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