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Linderman v. Pa. Building Co.

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 2001
289 A.D.2d 77 (N.Y. App. Div. 2001)

Opinion

5612

December 13, 2001.

Order, Supreme Court, New York County (Jane Solomon, J.), entered November 3, 2000, which, to the extent appealed from, granted plaintiffs' motion insofar as to enjoin defendant and its agents, servants, employees and all other persons acting under its authority from preventing plaintiffs from inspecting and copying books and records of defendant partnership, and denied defendant's cross motion seeking,inter alia, an order of confidentiality, unanimously affirmed, with costs.

Robert M. Milner, for plaintiffs-respondents.

Donald E. Creadore, for defendant-appellant.

Before: Sullivan, P.J., Rosenberger, Williams, Tom, Friedman, JJ.


Although defendant's request for an order of confidentiality is not academic (cf., O'Hara v. Bayliner, 248 A.D.2d 149), it is lacking in merit. While there is only a minimal initial burden where a disclosure objectant asserts that the subject documents contain trade secrets (see,e.g., Bristol, Litynski, Wojcik, P.C. v. Town of Queensbury, 166 A.D.2d 772, 773), the affidavit of defendant's general partner does not include non-conclusory assertions (see, Sheldon v. Kimberly-Clark Corp., 111 A.D.2d 912, 913) giving rise to a "concern that [defendant's] competitors may gain some competitive advantage as a result of discovery of secret business procedures and information" (see, Jackson v. Dow Chem. Co., 214 A.D.2d 827, 828). Denial of the order of confidentiality was therefore proper (cf., Blum v. New York Stock Exch., 263 A.D.2d 522, 523).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Linderman v. Pa. Building Co.

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 2001
289 A.D.2d 77 (N.Y. App. Div. 2001)
Case details for

Linderman v. Pa. Building Co.

Case Details

Full title:MORRIS LINDERMAN, ET AL., PLAINTIFFS-RESPONDENTS, v. PENNSYLVANIA BUILDING…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 13, 2001

Citations

289 A.D.2d 77 (N.Y. App. Div. 2001)
734 N.Y.S.2d 67

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