Opinion
May 22, 1967
Order of the Supreme Court, Nassau County, dated October 14, 1966, reversed, and defendants' motion for summary judgment granted, with $10 costs and disbursements. In our opinion, defendants in their moving papers on this motion for summary judgment made a prima facie showing of lack of merit to the four causes of action asserted in the complaint. Plaintiff was bound, in his opposing papers, to come forward with proof of evidentiary facts demonstrating that there was a bona fide issue requiring a trial ( Shapiro v. Health Ins. Plan of Greater N.Y., 7 N.Y.2d 56; Ball v. United Artists Corp., 13 A.D.2d 133). At bar, plaintiff's opposing affidavit, the lone paper submitted in opposition to the motion for summary judgment, consisted of conclusory assertions and stated no evidentiary facts relative to the vital question of defendant Muney's assertedly confidential knowledge of plaintiff's pricing methods. No triable issue of fact having been raised as to whether the confidential information constituted a trade secret or was improperly utilized, the complaint ought properly to be dismissed. Moreover, the Statute of Frauds (General Obligations Law, § 5-701) constitutes a complete defense to plaintiff's second, third and fourth causes of action. Ughetta, Acting P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.