Northern Telecom, Inc. v. Volt Information Sciences, Inc.

Appellate Division of the Supreme Court of New York

Northern Telecom, Inc. v. Volt Information Sciences, Inc.

195 A.D.2d 1088, 601 N.Y.S.2d 38

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

DecidedJuly 16, 1993

StatusPublished

This text of 195 A.D.2d 1088 (Northern Telecom, Inc. v. Volt Information Sciences, Inc.) 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

Northern Telecom, Inc. v. Volt Information Sciences, Inc., 195 A.D.2d 1088, 601 N.Y.S.2d 38 (N.Y. Ct. App. 1993).

Pincite

Opinion

Motion to vacate or stay preliminary injunction granted to the extent that the injunction is modified. Memorandum: By order entered May 13, 1993, Supreme Court granted plaintiff a preliminary injunction enjoining defendant Volt Delta Resources from employing defendant Robert Bottiglier, a former employee of plaintiff, as Vice President of Marketing for a period of one year from March 3, 1993. We conclude that the preliminary injunction is overbroad. Although Bottiglier, while employed by plaintiff, executed a nondisclosure agreement, he did not execute a noncompete agreement. Further, Supreme Court found that Bottiglier did not breach the nondisclosure agreement after leaving plaintiff’s employment. Pursuant to CPLR 5518, we modify the order, pending resolution of the appeal, by limiting it to enjoin Bottiglier from disclosing proprietary and confidential information gained through his employment with plaintiff. Present—Callahan, J. P., Green, Fallon, Doerr and Boehm, JJ. (Filed June 23, 1993.)

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Motion to vacate or stay preliminary injunction granted to the extent that the injunction is modified. Memorandum: By order entered May 13, 1993, Supreme Court granted plaintiff a preliminary injunction enjoining defendant Volt Delta Resources from employing defendant Robert Bottiglier, a former employee of plaintiff, as Vice President of Marketing for a period of one year from March 3, 1993. We conclude that the preliminary injunction is overbroad. Although Bottiglier, while employed by plaintiff, executed a nondisclosure agreement, he did not execute a noncompete agreement. Further, Supreme Court found that Bottiglier did not breach the nondisclosure agreement after leaving plaintiff’s employment. Pursuant to CPLR 5518, we modify the order, pending resolution of the appeal, by limiting it to enjoin Bottiglier from disclosing proprietary and confidential information gained through his employment with plaintiff. Present—Callahan, J. P., Green, Fallon, Doerr and Boehm, JJ. (Filed June 23, 1993.)

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Bluebook (online)

195 A.D.2d 1088, 601 N.Y.S.2d 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/northern-telecom-inc-v-volt-information-sciences-inc-nyappdiv-1993.