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COASTAL SHEET METAL CORP. v. VASSALLO

3205, 13420/03.

75 A.D.3d 422 (2010)

904 N.Y.S.2d 62

COASTAL SHEET METAL CORP. et al., Appellants, v. HARRY VASSALLO et al., Respondents.

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

Decided July 1, 2010.

Vassallo's incorporation of Complete Spiral Manufacturing, Inc. (Spiral), a competing business, did not usurp a corporate opportunity belonging to his employer, Coastal Sheet Metal Corporation (Coastal), since the purchase of spiral duct machinery was neither "necessary" for nor "essential" to Coastal's line of business and Coastal had no "interest" or "tangible expectancy" in the opportunity (see Alexander & Alexander of N.Y. v Fritzen, 147...

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