Smith v. Train, Smith Counsel, L. L. C.

—Order, Supreme Court, New York County (Charles Ramos, J.), entered October 5, 1999, which denied defendant’s motion for a preliminary injunction, unanimously affirmed, with costs.

Looking “behind and beyond the label to ascertain the true nature of the transaction” (Purchasing Assocs. v Weitz, 13 NY2d 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…