Practice point: To establish a cause of action for relief based on unfair competition, a plaintiff must demonstrate that the defendant wrongfully diverted the plaintiff's business to itself. To establish a cause of action based on misappropriation of confidential information, the plaintiff must show that the defendant solicited the plaintiff's customers where the customer list was a trade secret, or where the defendant engaged in wrongful conduct, such as physically taking or copying files or using confidential information.
Case in point: Baldeo v. Majeed, NY Slip Op 03921 (2d Dep't May 19, 2017)
Here is the decision.
Tomorrow's issue: CPLR 3215(c) and default judgments.
