VERTICAL SYS. ANALYSIS, INC. v. BALZANO

9089, 650808/17.

171 A.D.3d 621 (2019)

97 N.Y.S.3d 467

2019 NY Slip Op 03138

Vertical Systems Analysis, Inc., Appellant, v. Peter J. Balzano, Respondent.

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

Decided April 25, 2019.


The motion court correctly granted dismissal. Defendant established, as a matter of law, that he did not violate the parties' employment agreement including its nonsolicitation provision. Defendant, an elevator inspector, did not provide unique or extraordinary services or have access to any trade secrets or propriety information that would require the enforcement of a restrictive covenant (Harris v Patients Med., P.C., 169 A.D.3d 433

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