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EXCEL SPORTS MANAGEMENT, LLC v. EWAYS

Index No. 651043/22. Appeal No. 16666. Case No. 2022-01640.

210 A.D.3d 496 (2022)

176 N.Y.S.3d 486

2022 NY Slip Op 06427

Excel Sports Management, LLC, Appellant, v. Eric Eways et al., Respondents.

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

Decided November 15, 2022.

Attorney(s) appearing for the Case

Sheppard, Mullin, Richter & Hampton LLP, New York ( Jonathan Stoler of counsel), for appellant.

Clayman Rosenberg Kirshner & Linder, LLP, New York ( James Valentino of counsel), for Eric Eways, respondent.

Winston & Strawn LLP, New York ( Jeffrey L. Kessler of counsel), for Klutch Sports Group, LLC, respondent.

Concur—Manzanet-Daniels, J.P., Webber, Mazzarelli, Friedman, Shulman, JJ.

Appeal from order, Supreme Court, New York County (Robert Reed, J.), entered on or about April 13, 2022, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for a preliminary injunction against defendants, unanimously dismissed, without costs, as moot.

This case presents a situation where the party appealing from the order has already been granted the relief it is seeking, namely the enforcement of a noncompete agreement for the...

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