The following e-filed documents, listed by NYSCEF document number (Motion 001) 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57 were read on this motion to/for INJUNCTION/RESTRAINING ORDER DECISION ORDER ON MOTION Upon the foregoing documents, it is DENIED Plaintiff Setter Capital, Inc. (Setter) moves, pursuant to CPLR 6301, for a preliminary injunction enjoining its former employee defendant Maria Chateauvert from “directly or indirectly soliciting, inducing or recruiting or attempting to interfere with the relationship between plaintiff and any customer, client supplier, licensee or other business relation of plaintiffs or otherwise disrupt, damage, impair or interfere in any manner with the business of plaintiff until February 3, 2022.” (NYSCEF Doc. No. [NYSCEF] 7, Proposed Order to Show Cause.) Plaintiff has the burden to establish: (1) a likelihood of success on the merits of the action; (2) the danger of irreparable injury in the absence of preliminary injunctive relief; and (3) a balance of equities in favor of the moving party. (Nobu Next Door, LLC v. Fine Arts Housing, Inc., 4 NY3d 839, 840 [2005].) Setter describes itself as serving a “niche market” using its “proprietary secondary market network, SecondaryLinkTM — a go — to hub for over 5,000 institutional investors, managers and industry participants to follow the ever-evolving secondary market and to connect and collaborate on diligence and secondaries on over 9,000 private equity, real estate, infrastructure, real asset and hedge fund families and over 20,000 funds.” (NYSCEF 1, Complaint 13.) Setter’s proprietary information is located on SecondaryLinkTM, including “the Setter liquidity Rating” which ranks thousands of funds according to their liquidity, saleability and popularity. (Id. 14.) Setter updates and keeps Setter Liquidity Rating current at its own expense.” (Id.) For 14 years, Setter has collected “current and past pricing of funds and non-public details about various buyers and sellers such as their goals, general and trade preferences, transaction history, assets, current and past investments, investments sizes, plans, strategies, assets desired to sell, assets desired to buy, preferred geographical investment locations, and other information not available to the public and essential to the day to day operation of Setter Capital’s business.” (Id. 15.) At issue are confidentiality and non-compete provisions in a September 16, 2013 agreement (NYSCEF 2) that defendant signed two years after graduation from college in exchange for a salary of $45,000 (Agreement). (NYSCEF 29, Chateauvert aff
3, 6, 12, 14, 16, 18.)1 The Agreement states the scope of defendant’s employment is to provide “a highly personal service on a sustained and recurring basis to the Clients of Setter Capital.” (NYSCEF 8, Agreement at 1.) Specifically, defendant describes her job as making cold calls using a script and sending emails to identify buyers and sellers in the secondary market which she would pass off to a more senior Setter employee. (Id.
