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DEFINITIONS PRIVATE TRAINING GYMS, INC. v. LUTKE

Index No. 651398/21. Appeal No. 14929. Case No. 2021-02007.

200 A.D.3d 602 (2021)

155 N.Y.S.3d 764

2021 NY Slip Op 07506

Definitions Private Training Gyms, Inc., Appellant, v. Ryan Lutke, Respondent.

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

Decided December 28, 2021.

Attorney(s) appearing for the Case

Siegel & Reiner LLP, New York ( Richard H. Del Valle of counsel), for appellant.

Bell Law Group, Garden City ( Paul Bartels of counsel), for respondent.

Concur— Webber, J.P., Mazzarelli, Gesmer, González, Rodriguez, JJ.

The court providently exercised its discretion in denying plaintiff's motion for a preliminary injunction preventing defendant from providing services to plaintiff's former clients in alleged violation of a nonsolicitation agreement. Applying the traditional three-pronged analysis, plaintiff has not established likelihood of success on the merits, as it offers only speculation and conclusory allegations that defendant was actively...

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