Opinion
Argued May 8, 2000.
June 19, 2000.
In an action, inter alia, to recover damages for misappropriation of trade secrets, breach of contract, and breach of fiduciary duty, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Dunn, J.), dated March 22, 1999, as denied their motion for summary judgment.
Bennett David Krasner (Pollack, Pollack, Isaac DeCicco, New York, N. Y. [Brian J. Isaac] of counsel), for appellants.
Costello Shea Gaffney, LLP, New York, N.Y. (Richard Paul Stone of counsel), for respondents.
Before: DANIEL W. JOY, J.P., WILLIAM D. FRIEDMANN, GABRIEL M. KRAUSMAN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly found triable issues of fact with respect to whether the information allegedly misappropriated by the defendants constitutes trade secrets and whether the defendants used such information to gain an unfair advantage over their competitors (see, Matter of New York Tel. Co. v. Public Serv. Comm., 56 N.Y.2d 213; Minnesota Min. Mfg. Co. v. Technical Tape Corp., 23 Misc.2d 671, affd 15 A.D.2d 960).