Defendants cross-move for an order directing a nonparty produce certain telephone records. CNS asserts counterclaims for unfair competition, assault, intentional infliction of emotional distress, trespass and intentional interference with business relations. The counterclaims arise out of the underlying action in which plaintiffs allege that defendants have misappropriated BNNY's trade secrets and attempted to solicit clients. For the reasons stated herein, plaintiffs' motion to dismiss the claims of unfair competition, assault, intentional infliction of emotional distress, and intentional interference with business relations is granted. The motion to dismiss the claim of trespass is denied.
Plaintiffs provide telecommunications services to a variety of businesses.
Plaintiffs have developed a database which includes client names and client needs and requirements as well as business plans. Plaintiffs allege that the information contained in the database was created by BNNY over many years, and is specifically related to their business and is therefore confidential. The issue in the underlying action concerns the conduct of former employees, D'Agostino and Ali. They allegedly threatened to put CNS out of business. The papers allegedly charged D'Agostino with being a faithless employee, and with pirating and stealing.