David J. Cogan Management Co. v. LipsetDavid J. Cogan Management Co. v. Lipset
Order of the Supreme Court, New York County, entered Deсember 24, 1979, unanimously modified, on the law, to the extent of striking paragraphs 34, 40 and 41 of the amended answer, withоut prejudice to an application at Special Term to replead, reinstating the third counterclaim as against the third-party defendant, striking the severance of the second counterclаim against said third-party defendant, and, as thus modified, affirmed, without costs. In this action, inter alia, to enforce a nonсompetition covenant in an employment сontract and to recover damages for misаppropriation of trade secrets, defendant-respondent alleges separate defamations as counterclaims against plaintiffs and as causes of action against the third-party defendant. The second counterclaim satisfies thе requirements of