Money Garden Corp. v CMC Mkts. (US) LLC

Money Garden Corp. v CMC Mkts. (US) LLC 2007 NY Slip Op 08008 [44 AD3d 551] October 25, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 12, 2007

The Money Garden Corp., Doing Business as MG Financial Group, Appellant,
v
CMC Markets (US) LLC, Respondent.

—[*1] Stephen M. Hudspeth, Wilton, Conn., for appellant.

Drohan Lee & Kelley LLP, New York City (Vivian R. Drohan of counsel), for respondent.

Order, Supreme Court, New York County (Karen S. Smith, J.), entered February 7, 2007, which granted defendant's motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, with costs.

The claims of tortious interference with contract, unfair competition and unjust enrichment broadly allege that the former employee is barred by the subject agreements from competing in any manner with plaintiff. Plaintiff failed to allege facts sufficient to support the claims. Without allegations as to how the former employee breached those provisions and how defendant induced the breach, the complaint fails to state a cause of action.

Nor do we perceive any basis for granting leave to replead. Concur—Tom, J.P., Saxe, Nardelli, Sweeny and Catterson, JJ.