BODUM USA, INC. v. PEREZ

3450, 151790/15.

148 A.D.3d 644 (2017)

2017 NY Slip Op 02507

49 N.Y.S.3d 292

BODUM USA, INC., Appellant, v. THOMAS PEREZ et al., Respondents.

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

Decided March 30, 2017.


The complaint fails to adequately allege that plaintiff's former chief executive officer Perez breached the noncompete clause set forth in section 11.1 (a) of the service agreement. A plaintiff alleging a competition-based claim must identify the relevant market with reference to the rule of reasonable interchangeability (see Continental Guest Servs. Corp. v International Bus Servs., Inc., 92 A.D.3d 570, 572 [1st Dept 2012]). Plaintiff...

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