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AT LAST SPORTSWEAR, INC. v. BYRON

Index No. 652369/22, Appeal No. 2123, Case No. 2023-03124.

2024 NY Slip Op 02135

AT LAST SPORTSWEAR, INC., Plaintiff-Appellant-Respondent, v. LESLIE BYRON, Defendant-Respondent-Appellant.

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

Decided April 23, 2024.

Attorney(s) appearing for the Case

Shapiro Arato Bach LLP, New York ( Fabien M. Thayamballi of counsel), for appellant-respondent.

Loeb & Loeb LLP, New York ( John Piskora of counsel), for respondent-appellant.

Before: Manzanet-Daniels, J.P., Kapnick, Kennedy, Higgitt, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Robert E. Reed, J.), entered May 22, 2023, which granted defendant's motion to dismiss to the extent of dismissing plaintiff's unfair competition, common-law misappropriation of trade secrets, and conversion claims, and denied the motion to dismiss the claims for breach of contract and breach of fiduciary duty, unanimously modified, on the law, to reinstate the unfair competition, common-law misappropriation of trade secrets, and conversion...

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