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BESSEMER TRUST CO. v. BRANIN

No. 63

16 N.Y.3d 549 (2011)

949 N.E.2d 462

925 N.Y.S.2d 371

BESSEMER TRUST COMPANY, N.A., Respondent, v. FRANCIS S. BRANIN, JR., Appellant.

Court of Appeals of New York.

Decided April 28, 2011.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, PLLC, New York City ( Louis P. DiLorenzo , Michael I. Bernstein and Michael P. Collins of counsel), for appellant.

Chadbourne & Parke LLP, New York City ( Donald I. Strauber , Mary T. Yelenick and Marcello M. Blackburn of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

CIPARICK, J.

The United States Court of Appeals for the Second Circuit has certified the following question for our consideration: "What degree of participation in a new employer's solicitation of a former employer's client by a voluntary seller of that client's good will constitutes improper solicitation?" (Bessemer Trust Co., N.A. v Branin, 618 F.3d 76, 94 [2d Cir 2010].)

Specifically...

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