Micro Precision Corp. v. Brochi

• Decision Date: 17 June 1957
• Citation: 4 A.D.2d 697,164 N.Y.S.2d 454
• Parties: MICRO PRECISION CORPORATION, Respondent, v. Vincent BROCHI, Donald A. Schuster, Henry Becker and All Craft Metals Corp., a domestic corporation, Appellants, and Dan Sforza, Defendant.
• Court: New York Supreme Court — Appellate Division

Page 454

164 N.Y.S.2d 454

4 A.D.2d 697

MICRO PRECISION CORPORATION, Respondent, v. Vincent BROCHI, Donald A. Schuster, Henry Becker and All Craft Metals Corp., a domestic corporation Appellants, and Dan Sforza, Defendant.

Supreme Court, Appellate Division, Second Department.

June 17, 1957.

George Feinberg, New York City, for appellants.

Joseph Jaspan, Brooklyn, for respondent.

Before NOLAN, P. J., and WENZEL, MURPHY, UGHETTA and HALLINAN, JJ.

MEMORANDUM BY THE COURT.

The complaint in this action sets forth three causes of action. The first alleges that the three individual appellants, while they were employees of respondent in positions of trust, conspired to and did commit various wrongs against the respondent in furtherance of their own interests in a business enterprise established by them for the purpose of competing with respondent, for which purpose they organized appellant corporation, and that respondent has sustained money damages by reason thereof. Both the second and third causes repeat all the allegations of the first, except for the allegation that money damages were sustained. The second cause further alleges conversion of certain chattels, and the third alleges that respondent is entitled to an accounting. The relief sought is money damages on the first and second causes of action, and an accounting, an injunction and other incidental relief. Respondent caused the action to be put on the Special Term calendar for trial, following which an order was made, on motion by appellants, granting in part and denying in part said motion, which motion was (1) to strike out and cancel respondent's note of issue and (2) to strike the action from the equity calendar 'and/or' to transfer it to the law calendar and permit appellants to demand a jury trial. The motion was granted to the extent of severing the second cause of action and transferring it to the law calendar and permitting appellants to demand a jury trial, and was otherwise denied. The appeal is from so much of the order as denied the motion to strike out and cancel the note of issue for the Special Term and to strike the action from the equity calendar.

Order modified by striking from the first ordering paragraph the words 'second cause of action is severed' and by substituting in place thereof 'first and second causes of action are severed'. As so modified, order insofar as appealed from affirmed, with $10 costs and disbursements to appellants, with leave, if appellants be so...