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Money Garden Corp. v. CMC Markets (US) LLC

Appellate Division of the Supreme Court of New York, First Department
Oct 25, 2007
44 A.D.3d 551 (N.Y. App. Div. 2007)

Opinion

No. 1835.

October 25, 2007.

Order, Supreme Court, New York County (Karen S. Smith, J.), entered February 7, 2007, which granted defendant's motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, with costs.

Stephen M. Hudspeth, Wilton, CT, for appellant.

Drohan Lee Kelley LLP, New York (Vivian R. Drohan of counsel), for respondent.

Before: Tom, J.P., Saxe, Nardelli, Sweeny and Catterson, JJ.


The claims of tortious interference with contract, unfair competition and unjust enrichment broadly allege that the former employee is barred by the subject agreements from competing in any manner with plaintiff. Plaintiff failed to allege facts sufficient to support the claims. Without allegations as to how the former employee breached those provisions and how defendant induced the breach, the complaint fails to state a cause of action.

Nor do we perceive any basis for granting leave to replead.


Summaries of

Money Garden Corp. v. CMC Markets (US) LLC

Appellate Division of the Supreme Court of New York, First Department
Oct 25, 2007
44 A.D.3d 551 (N.Y. App. Div. 2007)
Case details for

Money Garden Corp. v. CMC Markets (US) LLC

Case Details

Full title:THE MONEY GARDEN CORP., Doing Business as MG FINANCIAL GROUP, Appellant…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 25, 2007

Citations

44 A.D.3d 551 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8008
843 N.Y.S.2d 508

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