Opinion
March 16, 1998
Appeal from the Supreme Court, Westchester County (Fredman, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was for a preliminary injunction is denied.
The plaintiff failed to demonstrate that information regarding its customer complaints is of such a nature as to entitle this information to trade secret protection ( see, Ashland Mgt. v. Janien, 82 N.Y.2d 395; Reed, Roberts Assocs. v. Strauman, 40 N.Y.2d 303; NCN Co. v. Cavanagh, 215 A.D.2d 737). Moreover, the plaintiff failed to demonstrate that the defendant divulged or used such information after he left the plaintiff's employ ( see, Cool Insuring Agency v. Rogers, 125 A.D.2d 758). The plaintiff has not shown sufficient proof that the defendant contacted any of the plaintiff's current employees. Under these circumstances, the plaintiff was not entitled to a preliminary injunction ( see, NCN Co. v. Cavanagh, supra; Walter Karl, Inc. v. Wood, 137 A.D.2d 22; see also, Aetna Ins. Co. v. Capasso, 75 N.Y.2d 860).
Pizzuto, J. P., Santucci, Joy and Friedmann, JJ., concur.