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MSCI INC. v. JACOB

8024, 651451/11.

96 A.D.3d 637 (2012)

946 N.Y.S.2d 575

2012 NY Slip Op 5107

MSCI INC. et al., Appellants, v. PHILIP JACOB, Respondent, et al., Defendants.

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

June 26, 2012.

The court properly determined that plaintiffs failed to state a cause of action under the CFAA. Even assuming the truth of the allegations in the complaint (see generally Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]), the CFAA does not encompass Jacob's misappropriation of information that he lawfully accessed while working for plaintiffs or misuse of work computers in violation of their computer policies (see United States v Nosal...

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