A. John Merola, M.D., P. C. v. Telonis

Order unanimously reversed on the law with costs and motion denied. Memorandum: In this action for an injunction, plaintiff seeks to restrain defendants, James D. Telonis, M.D. and Dennis J. Nave, M.D., from allegedly violating "Covenants Not to Compete with Employer” and "Not to Solicit from Employer,” both contained in employment contracts between the parties. Defendants appeal from an order granting plaintiff a preliminary injunction.

" 'Unless the plaintiff clearly demonstrates a necessity and urgency for relief in advance of a trial including the sustaining in the meantime of irreparable…