COAST TO COAST ENERGY, INC. v. GASARCH

3495, 602044/09, 3495A.

77 A.D.3d 589 (2010)

909 N.Y.S.2d 360

COAST TO COAST ENERGY, INC., et al., Respondents, v. MARK GASARCH et al., Defendants/Counterclaim Plaintiffs-Appellants. COAST TO COAST ENERGY, INC., et al., Counterclaim Defendants-Respondents.

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

Decided October 28, 2010.


We find that the record does not support findings that plaintiffs obtained the subject materials through theft, eavesdropping, or other unlawful means. We also find that the record does not support findings that the subject materials were improperly or irregularly obtained within the meaning of CPLR 3103 (c), but, even if the record did support such findings, we would affirm. No basis exists to disturb the Special Referee's findings...

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