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BUHLER v. MICHAEL P. MALONEY CONSULTING, INC.

299 A.D.2d 190 (2002)

749 N.Y.S.2d 867

DIANE BUHLER, Respondent, v. MICHAEL P. MALONEY CONSULTING, INC., Defendant and Third-Party Plaintiff-Appellant, et al., Third-Party Defendant.

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

Decided November 12, 2002.

The motion court properly concluded that defendant failed to establish a legitimate need for the noncompetition agreement on which its counterclaim for breach of contract is based. Defendant failed to establish that plaintiff's position as an executive recruiter is extraordinary or unique or that plaintiff engaged in unfair competition by utilizing its confidential information (see Columbia Ribbon & Carbon Mfg. Co. v A-1...

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