696 N.Y.S.2d 433 | N.Y. App. Div. | 1999
—Order, Supreme Court, New York County (Charles Ramos, J.), entered February 24, 1999, which, insofar as appealed from, denied plaintiffs motion for a preliminary injunction and for expedited discovery, and granted defendants’ cross motion to dismiss the complaint only to the extent of dismissing the ninth cause of action, unanimously modified, on the law, to grant the motion to dismiss as to the fourth and sixth causes of action as well, and otherwise affirmed, without costs.
Plaintiffs motion for a preliminary injunction, based on allegations that the individual defendants had misappropriated a confidential client database from plaintiff while in its employ and are using such database in competing with plaintiff through the corporate defendant, was properly denied for failure to establish a likelihood of ultimate success on the merits. Plaintiff fails to present any evidentiary support for its assertions that -the individual defendants misappropriated the database or that the database is being used to compete against it. Moreover, even assuming a misappropriation, plaintiffs allegations that the database contains publicly unavailable information are conclusory and insufficient to establish a likelihood that it constitutes a trade secret or is otherwise confidential (see, Amana Express Intl., v Pier-Air Intl., 211 AD2d 606, 607). Nor does the restrictive covenant against the soliciting of