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R.P.I. SERVICES, INC. v. EISENBERG

29 A.D.3d 459 (2006)

814 N.Y.S.2d 870

R.P.I. SERVICES, INC., Doing Business as RESPONSE MEDICAL STAFFING, Respondent, v. JASON EISENBERG et al., Appellants.

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

May 25, 2006.

Plaintiff's use of an assumed name, albeit that of a nonexistent corporation, in its nondisclosure agreements with the individual defendants, its former employees, did not vitiate such agreements (see Mail & Express Co. v Parker Axles, Inc., 204 App Div 327 [1923]). We note that defendants do not claim to have been misled or prejudiced by the assumed name. The agreements were supported by consideration (see Gazzola...

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