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J.A. Preston v. Fabrication Enterprises

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 27, 1987
127 A.D.2d 981 (N.Y. App. Div. 1987)

Opinion

February 27, 1987

Appeal from the Supreme Court, Herkimer County, Aronson, J.H.O.

Present — Doerr, J.P., Boomer, Pine and Davis, JJ.


Judgment unanimously affirmed with costs. Memorandum: In this action alleging theft of trade secrets, the dispositive issue is whether plaintiffs' manufacturing process was generally known in the trade (Eagle Comtronics v. Pico, Inc., 89 A.D.2d 803). One of plaintiffs' witnesses conceded that the individual steps of the process were all known, but that the combination of them was unique. Defendants presented expert witnesses and treatises refuting that position and establishing that the process was not unique and that the product could easily be reverse-engineered. Plaintiffs called only witnesses involved with their own company, including a deposition from one customer, but presented no expert testimony to rebut the opinions expressed by defendants' experts. The Hearing Officer, therefore, correctly found for defendants.


Summaries of

J.A. Preston v. Fabrication Enterprises

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 27, 1987
127 A.D.2d 981 (N.Y. App. Div. 1987)
Case details for

J.A. Preston v. Fabrication Enterprises

Case Details

Full title:J.A. PRESTON CORPORATION et al., Appellants, v. FABRICATION ENTERPRISES…

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

Date published: Feb 27, 1987

Citations

127 A.D.2d 981 (N.Y. App. Div. 1987)

Citing Cases

Preston Corp. v. Fabrication Enters. Inc.

Decided November 12, 1987 Appeal from (4th dept: 127 A.D.2d 981) MOTIONS FOR LEAVE TO APPEAL GRANTED OR…