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AMERICAN BUS. v. AMERICAN MGT

50 A.D.3d 219 (2008)

851 N.Y.S.2d 491

AMERICAN BUSINESS TRAINING INC., Appellant, v. AMERICAN MANAGEMENT ASSOCIATION, Respondent.

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

February 14, 2008.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, New York City (Brian J. Isaac and Michael H. Zhu of counsel), for appellant.

Nixon Peabody LLP, Jericho (Joseph J. Ortego and James W. Weller of counsel), for respondent.

TOM, J.P., MAZZARELLI and WILLIAMS, JJ., concur.

OPINION OF THE COURT

SAXE, J.

In this litigation, plaintiff asserts, with the support of documentation, that defendant misappropriated from plaintiff's principal her idea for a seminar, along with supporting materials that she provided to defendant in order to permit exploration of the possibility of a joint venture. Resolution of the appeal requires us to focus on whether the allegedly stolen idea is sufficiently novel or original to support plaintiff's...

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