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CAPELIN ASSOC. v. GLOBE MFG. CORP.

34 N.Y.2d 338 (1974)

S. J. Capelin Associates, Inc., Appellant, v. Globe Manufacturing Corporation, Respondent.

Court of Appeals of the State of New York.

Decided June 13, 1974.

Attorney(s) appearing for the Case

Benedict Ginsberg for appellant.

Albert H. Brodkin and David W. Bernstein for respondent.

Judges GABRIELLI, JONES, WACHTLER and RABIN concur with Judge STEVENS; Chief Judge BREITEL and Judges JASEN dissent and vote to reverse on the ground that summary judgment was not warranted since on the papers, apart from trade secrets, there was reasonable restrictive covenant governing the re-employment of plaintiff's employees (see Restatement, Contracts, § 516, subd. [f]).

STEVENS, J.

Since the Appellate Division reversed and granted summary judgment to defendant-respondent (defendant), in deciding whether such action was warranted, we must determine if triable issues of fact exist which preclude such disposition.

The statutory standard for the supporting proof required on a motion for summary judgment is set forth in CPLR 3212...

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