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ASL Prods. Inc. v Livia
2003 NY Slip Op 51520(U)
Decided on December 11, 2003
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the Official Reports.


Decided on December 11, 2003
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM J. DAVIS, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570285/03

ASL PRODUCTIONS INC., Plaintiff-Appellant,

against

TORE LIVIA, Defendant-Respondent.


Plaintiff appeals from an order of the Civil Court, New York County, entered November 13, 2002 (Lucy Billings, J.) which granted defendant's motion for summary judgment dismissing the complaint.


PER CURIAM:

Order entered November 13, 2002 (Lucy Billings, J.) affirmed, with $10 costs.

Plaintiff failed to establish a legitimate need for the anti-competitive provisions of the parties' agreement, since no showing was made that defendant's services as a "jib" camera operator were extraordinary or unique or that defendant engaged in unfair competition by utilizing any confidential information (see, BDO Seidman v Hirshberg, 93 NY2d 382, 390; Columbia Ribbon + Carbon Mfg. Co v A-1-A Corp., 42 NY2d 496, 500).

We have considered and rejected plaintiff's remaining arguments.

This constitutes the decision and order of the court.