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MORRIS LINDERMAN, ET AL., PLAINTIFFS-RESPONDENTS, v. PENNSYLVANIA BUILDING COMPANY, ETC., DEFENDANT-APPELLANT.

Although defendant's request for an order of confidentiality is not academic (cf., O'Hara v. Bayliner, 248 A.D.2d 149), it is lacking in merit. While there is only a minimal initial burden where a disclosure objectant asserts that the subject documents contain trade secrets (see,e.g., Bristol, Litynski, Wojcik, P.C. v. Town of Queensbury, 166 A.D.2d 772, 773), the affidavit of defendant's general partner does not include non-conclusory assertions (see, Sheldon v. Kimberly-Clark Corp., 111 A.D.2d 912, 913) giving rise to a "concern that [defendant's] competitors may gain some competitive advantage as a result of discovery of secret business procedures and information" (see, Jackson v. Dow Chem. Co., 214 A.D.2d 827, 828). Denial of the order of confidentiality was therefore proper (cf., Blum v. New York Stock Exch., 263 A.D.2d 522, 523).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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LINDERMAN v. PA. BUILDING CO
(Dec 13, 2001)