Summary
upholding summary judgment for manufacturer where distributor failed to adduce facts showing parties' relationship was other than arms-length
Summary of this case from Rienzi & Sons, Inc. v. PuglisiOpinion
June 5, 1997
Appeal from the Supreme Court, New York County (Ira Gammerman, J.).
The cause of action for breach of fiduciary duty was properly dismissed for failure to adduce facts showing that the parties' relationship was other than arm's length. The remaining causes of action, except for the sixth and seventh, reinstatement of which defendants do not oppose, were properly dismissed for failure to adduce facts countering defendants' factual showing that they were motivated, at least in part, by their own business interest in hiring two of plaintiff's salespersons, that there were no restrictive covenants covering such employees, and that both the distributorship agreement between the parties and the employment contracts between plaintiff and its employees were terminable at will, and failure to articulate any improper means used by defendants in soliciting plaintiff's customers or even to identify the customers or trade secrets lost.
Concur — Milonas, J.P., Rosenberger, Wallach, Nardelli and Rubin, JJ.