Montrallo v. Fritz

• Decision Date: 04 October 1991
• Citation: Montrallo v. Fritz, 576 N.Y.S.2d 711, 176 A.D.2d 1215 (N.Y. App. Div. 1991)
• Parties: Debbie MONTRALLO, d/b/a "the Mane Place", Appellant-Respondent, v. Richelle FRITZ, and Karen Barnes, d/b/a "the Scissor Stop", Respondents-Appellants.
• Court: New York Supreme Court — Appellate Division

Page 711

576 N.Y.S.2d 711

176 A.D.2d 1215

Debbie MONTRALLO, d/b/a "the Mane Place", Appellant-Respondent, v. Richelle FRITZ, and Karen Barnes, d/b/a "the Scissor Stop" Respondents-Appellants.

Supreme Court, Appellate Division Fourth Department.

Oct. 4, 1991.

Angelo T. Calleri, P.C. by Angelo Calleri, Rochester, for appellant-respondent.

Lacy, Katzen, Ryen & Mittleman by Charles Johnson, Rochester, for respondent and respondents-appellants.

Before DOERR, J.P., and BOOMER, GREEN, LAWTON and DAVIS, JJ.

MEMORANDUM:

On a motion by defendant Barnes to dismiss plaintiff's complaint for failure to state a cause of action, the allegations of the complaint are deemed true and plaintiff must be given the benefit of every favorable inference to be drawn therefrom (see, Siegel, N.Y.Prac. § 265 [2d ed]. Thus viewed, plaintiff's complaint adequately sets forth a cause of action for unfair competition against defendant Barnes based upon the alleged misappropriation of plaintiff's secret customer files by a former employee of plaintiff, allegedly as the result of an agreement between defendant and plaintiff's former employee and for their benefit (see generally, Prosser and Keeton, Torts § 130, at 1022-1023 [5th ed.]. Whether plaintiff's customer records are entitled to protection and the nature of the agreement between defendant an...