Eastern Air Devices, Inc. v. Gaites

Appellate Division of the Supreme Court of New York

Eastern Air Devices, Inc. v. Gaites

281 A.D. 761, 118 N.Y.S.2d 258, 1953 N.Y. App. Div. LEXIS 3208

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 19, 1953

StatusPublished

Cited by4 cases

This text of 281 A.D. 761 (Eastern Air Devices, Inc. v. Gaites) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eastern Air Devices, Inc. v. Gaites, 281 A.D. 761, 118 N.Y.S.2d 258, 1953 N.Y. App. Div. LEXIS 3208 (N.Y. Ct. App. 1953).

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Opinion

—Action to recover damages and for an injunction to restrain unfair competition. Eastern Air Devices, Inc., plaintiff in action No. 1, appeals from so much of an order as grants defendants leave to reargue their motion to dismiss for insufficiency the third and fourth causes of action and as grants defendants’ motion to dismiss the fifth cause of action. Defendants appeal from so much of the order as denies their motion on reargument to dismiss the third and fourth causes of action and as denies their motion to dismiss the sixth cause of action. Order modified on the law by striking from the second ordering paragraph the word “denied” and by substituting in lien thereof the word “granted”. As so modified the order is affirmed, without costs. The mere fact that the individual defendants were former officers, directors and stockholders does not require them to refrain from inducing employees of the plain[762]*762tiff, not bound by a contract for a definite term, to enter their employ. (Coleman & Morris v. Pisciotta, 279 App. Div. 656.) Nolan, P. J., Carswell, Adel, Wenzel and MaeCrate, JJ., concur.

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—Action to recover damages and for an injunction to restrain unfair competition. Eastern Air Devices, Inc., plaintiff in action No. 1, appeals from so much of an order as grants defendants leave to reargue their motion to dismiss for insufficiency the third and fourth causes of action and as grants defendants’ motion to dismiss the fifth cause of action. Defendants appeal from so much of the order as denies their motion on reargument to dismiss the third and fourth causes of action and as denies their motion to dismiss the sixth cause of action. Order modified on the law by striking from the second ordering paragraph the word “denied” and by substituting in lien thereof the word “granted”. As so modified the order is affirmed, without costs. The mere fact that the individual defendants were former officers, directors and stockholders does not require them to refrain from inducing employees of the plain[762]*762tiff, not bound by a contract for a definite term, to enter their employ. (Coleman & Morris v. Pisciotta, 279 App. Div. 656.) Nolan, P. J., Carswell, Adel, Wenzel and MaeCrate, JJ., concur.

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Bluebook (online)

281 A.D. 761, 118 N.Y.S.2d 258, 1953 N.Y. App. Div. LEXIS 3208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eastern-air-devices-inc-v-gaites-nyappdiv-1953.

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