Carpenter & Hughes v. De Joseph

13 A.D.2d 611, 213 N.Y.S.2d 860, 1961 N.Y. App. Div. LEXIS 11724

Opinion

Judgment (erroneously termed order) modified by deleting the first sentence of the first ordering paragraph and as so modified unanimously affirmed, without costs of these appeals to either party. A certain conclusion of law disapproved and reversed, and new findings of fact made. Memorandum: Special Term correctly determined that defendant should be restrained from soliciting the business of plaintiff’s customers and revealing their identity or disclosing other information relating to ophthalmic dispensing of such customers, other than from the medical profession. The granting of any further restraint would be more extensive than required by the legitimate interests of plaintiff. There is no proof herein that special skills, trade secrets, or other valuable business properties not enjoined are here involved. (McCall Co. v. Wright, 198 N. Y. 143; Duro-Test Corp. v. Donaghy, 9 A D 2d, 860; Paramount Pad Co. v. Baumrind, 4 N Y 2d 393.) (Cross appeals from order of Onondaga Trial Term dismissing the petition and complaint, but restraining defendant from soliciting the business of plaintiff’s customers.) Present— Williams, P. J., Bastow, Goldman, MeClusky and Henry, JJ.