Opinion
March 11, 1994
Appeal from the Supreme Court, Ontario County, Henry, Jr., J.
Present — Denman, P.J., Green, Lawton, Callahan and Doerr, JJ.
Order and judgment unanimously affirmed with costs. Memorandum: Supreme Court properly granted the cross motion of defendants for summary judgment dismissing the complaint alleging that the individual defendants, former employees of plaintiff, violated their contractual and common-law duty not to use for their own gain confidential information imparted to them during their course of employment with plaintiff. Defendants submitted evidence sufficient to demonstrate that plaintiff's allegations were lacking in merit and plaintiff failed to submit evidence in admissible form sufficient to raise an issue of fact or to provide a valid excuse for its failure to do so (see, Arc-Com Fabrics v. Robinson, 149 A.D.2d 311, 312). We find no abuse of discretion in Supreme Court's discovery order (see, Blumenthal v Tops Friendly Mkts., 182 A.D.2d 1105, 1106).