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B-S Industrial Contractors, Inc., Respondent, v. Burns Brothers Contractors, Inc., et al., Appellants.

82349

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT

256 A.D.2d 963; 681 N.Y.S.2d 897; 1998 N.Y. App. Div. LEXIS 13888

December 24, 1998, Decided

December 24, 1998, Entered

PRIOR HISTORY: [***1] Appeal from an order of the Supreme Court (Nicandri, J.), entered November 6, 1997 in St. Lawrence County, which, inter alia, granted plaintiff's motion for leave to amend its complaint.

DISPOSITION: The order is affirmed, with costs.

CASE SUMMARY:

PROCEDURAL POSTURE: Defendants, materials supplier and former employees of plaintiff construction company, appealed from an order of the Supreme Court, St. Lawrence County (New York), which held plaintiff's complaint sufficient to survive a motion to dismiss. Plaintiff alleged defendants took certain confidential files from plaintiff and told plaintiff's customers that due to a mass exodus of employees, plaintiff could not provide supervision or expertise.

OVERVIEW: Plaintiff construction company filed suit against defendants, materials supplier and former employees of plaintiff, for damages and injunctive relief on the grounds that defendants conspired to interfere with plaintiff's contract, misappropriated confidential information, and tortiously interfered with prospective business relations. The trial court held and the court affirmed that the complaint could survive a motion pursuant to N.Y. C.P.L.R. 3211(a). The court held the complaint's allegations that defendants told plaintiff's customers that a mass exodus of employees meant that plaintiff could no longer supply competent supervision of workers or its prior level of expertise, that defendants took certain confidential files from plaintiff, which were used to make successful bids to one of plaintiff's customers, and that defendants'...