HERTZ CORP. v. AVIS, INC.


106 A.D.2d 246 (1985)

Hertz Corporation, Respondent, v. Avis, Inc., Appellant

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

January 29, 1985


Attorney(s) appearing for the Case

Steven J. Stein of counsel (Barry G. Felder and Steven M. Kayman with him on the brief; Proskauer Rose Goetz & Mendelsohn, attorneys), for appellant.

William E. Kelly of counsel (Lane & Mittendorf and Cravath, Swaine & Moore, attorneys), for respondent.

ASCH, LYNCH and ALEXANDER, JJ., concur with SANDLER, J. P.; BLOOM, J., concurs in an opinion.


SANDLER, J. P.

The question presented is whether in an action for unfair competition a large corporation (plaintiff Hertz) can require its major competitor (defendant Avis) to compile and reveal over 120,000 pages of highly confidential financial records in the absence of a claim that Avis' alleged misappropriation of Hertz' trade secrets resulted in a loss of profits to Hertz. We believe Special Term erred, in the order here appealed from, in directing...

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