In this action to, inter alia, enforce restrictive covenants barring employees' use of trade secrets and their solicitation of plaintiff's clients, defendants raised material issues of fact as to, inter alia, whether such restrictions were necessary to protect plaintiff's legitimate business interests (Reed, Roberts Assocs. v Strauman, 40 N.Y.2d 303). In this posture, and where discovery of plaintiff had not yet been completed, the court properly refused to grant the drastic remedy of summary judgment (Sillman v Twentieth Century-Fox Film Corp., 3 N.Y.2d 395; Greenwich Mills Co. v Barrie House Coffee Co., 91 A.D.2d 398 [2d Dept]). We have examined plaintiff's other contentions and find them to be without merit.
Concur — Murphy, P.J., Milonas, Ellerin, Wallach and Rubin, JJ.