Opinion
July 13, 1998
Appeal from the Supreme Court, Westchester County (Lefkowitz, J.).
Ordered that the orders are affirmed, with one bill of costs.
We agree with the Supreme Court that the plaintiffs did not submit any proof, but merely conclusory allegations, that the defendants used confidential information in obtaining the subject suppliers as clients. Specifically, the record is devoid of any proof that the defendants "use[d] confidential information in" contacting or soliciting those suppliers, or "use[d] * * * information" belonging to the plaintiffs "set forth in the reports identified in paragraph 19 of the Verified Complaint", in violation of the stipulation of settlement entered into in open court on June 10, 1997, prohibiting such conduct ( see, Bay Parkway Super Clean Car Wash v. Accurate Auto Repair, 220 A.D.2d 549, 550, citing Matter of McCormick v. Axelrod, 59 N.Y.2d 574, 583, amended on other grounds 60 N.Y.2d 652).
The remaining contentions of the plaintiffs are either unpreserved for appellate review or without merit.
Rosenblatt, J. P., O'Brien, Krausman and Goldstein, JJ., concur.