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OPERATIVE CAKE CORP. v. NASSOUR

21 A.D.3d 1020 (2005)

801 N.Y.S.2d 358

OPERATIVE CAKE CORP., Appellant, v. EDWARD NASSOUR et al., Defendants, and AHARON NUTOVICS, Respondent.

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

September 19, 2005.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

As alleged in the complaint, the plaintiff is a manufacturer of baked goods which it distributes, via independent contractor truck drivers, to small grocery stores in the New York metropolitan area. The complaint further alleges that the defendant Aharon Nutovics, in concert with others, misappropriated confidential information, including the customer lists of the

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