Gary E. Flaxbard

The defendants were successful on a motion for summary judgment dismissing the plaintiff's action.

The parties could not agree on costs.

The plaintiff argued each party should bear its own costs because the defendants could have brought their motions earlier and the action was novel.

The court rejected these arguments, finding the action lacked merit and was not novel in a way that would displace the usual costs rules.

The court awarded the defendants their costs on a partial indemnity basis, fixing Murphy's costs at $37,760.38 and Goliger's costs at $46,911.91.

The plaintiff travel agency sued a former employee and her new employer for breach of a restrictive covenant, misappropriation of confidential information, and inducing breach of contract.

The defendants brought motions for summary judgment to dismiss the action.

The court found the restrictive covenant was an overly broad and unenforceable non-competition clause, as it lacked temporal limits and restricted accepting business from any of the plaintiff's clients.

The court also dismissed the claims for inducing breach of contract and breach of confidence, finding no enforceable contract existed and the information shared by the employee did not possess the requisite quality of confidence.

The defendants' motions for summary judgment were granted and the action was dismissed.

Following an unsuccessful motion by the plaintiff to compel answers to questions refused at an examination for discovery, the court determined the issue of costs.

The moving party argued that costs should be in the cause, but the court rejected that position.

The responding party had been entirely successful on the motion and was therefore entitled to costs on a partial indemnity scale.

The court found the responding party’s bill of costs reasonable and ordered payment forthwith.