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NEWMARK PARTNERS, L.P. v. HUNT

653292/21. Appeal No. 14882. Case No. 2021-02806.

200 A.D.3d 557 (2021)

160 N.Y.S.3d 23

2021 NY Slip Op 07065

Newmark Partners, L.P., et al., Respondents, v. Terrance David Hunt et al., Appellants, et al., Defendant.

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

Decided December 16, 2021.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher LLP, New York ( Theodore J. Boutrous, Jr. of counsel), for appellants.

David A. Paul , New York, for respondents.

Concur—Kapnick, J.P., Friedman, González, Rodriguez, Pitt, JJ.

Plaintiffs demonstrated a likelihood of success on the merits of their action to enforce a noncompetition provision. The noncompetition provision satisfies the requirements of Delaware law, which governs, per the choice of law provision in the governing agreement (see Ministers & Missionaries Benefit Bd. v Snow, 26 N.Y.3d 466, 474 [2015]). The provision is "reasonable in geographic scope and temporal duration," "advance[s] a...

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