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XAND CORPORATION v. RELIABLE SYSTEMS ALTERNATIVES CORPORATION

25 A.D.3d 795 (2006)

807 N.Y.S.2d 574

XAND CORPORATION, Appellant, v. RELIABLE SYSTEMS ALTERNATIVES CORPORATION, Respondent.

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

January 31, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff's contention that its customer list for the period between September 2, 2002, and September 2, 2003, is privileged matter as a trade secret, was raised for the first time on appeal, and is unpreserved for appellate review (see Consolidated Payroll Servs., Inc. v Berk, 18 A.D.3d 415 [2005]; Samide v Roman Catholic Diocese of Brooklyn...

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