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ISA REALTY GROUP, LLC v. LAMAR ADV. CO.

652724/18. Appeal No. 13661. Case No. 2020-03740.

193 A.D.3d 589 (2021)

148 N.Y.S.3d 31

2021 NY Slip Op 02459

Isa Realty Group, LLC, Respondent, v. Lamar Advertising Company, Appellant.

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

Decided April 22, 2021.

Attorney(s) appearing for the Case

Koutsoudakis & Iakovou Law Group PLLC, New York ( Ralph E. Preite of counsel), for appellant.

Koffsky Schwalb LLC, New York ( Steven A. Weg of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Singh, Moulton, JJ.

Defendant failed to establish prima facie that it designated information as confidential or proprietary with respect to the front (as opposed to side, or southern) façade of the building (see e.g. Pullman v Silverman, 28 N.Y.3d 1060, 1062 [2016]). It merely submitted an affidavit that none of the emails or attachments it received from plaintiff were "marked confidential or proprietary." However, the parties' nondisclosure agreement...

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