INDECK ENERGY SERVS., INC. v. MERCED CAPITAL, L.P.

Index No. 652171/14. Appeal No. 14265-14266-14267-14268. Case No. 2020-04872. 2020-04874. 2020-04892. 2020-04893. 2021-00347.

200 A.D.3d 455 (2021)

159 N.Y.S.3d 405

2021 NY Slip Op 06802

Indeck Energy Services, Inc., Respondent-Appellant, v. Merced Capital, L.P., et al., Appellants-Respondents.

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

Decided December 7, 2021.


Attorney(s) appearing for the Case

Selendy & Gay PLLC, New York ( David Elsberg of counsel), for appellants-respondents.

MoloLamken LLP, New York ( Steven F. Molo of counsel), for respondent-appellant.

Concur—Renwick, J.P., Gische, Kapnick, Kennedy, Shulman, JJ.


Supreme Court correctly determined that defendants violated section 2 of the mutual confidentiality agreement by using information from a study commissioned by plaintiff. The court also correctly determined that defendants violated the non-solicitation provision of the mutual confidentiality agreement by engaging two of plaintiff's employees through a limited liability company. The non-solicitation provision prohibits the parties...

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