Legal Opinion

Ferber v. Sterndent Corp.

New York Court of Appeals

Decided October 7, 1980PublishedCited by 51 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

As the court below found, plaintiff failed to produce any evidence to support his claim that the idea which he disclosed to defendants was novel either in the abstract or as to them. In order to successfully oppose a motion for summary judgment, plaintiff must come forward with some admissible proof that would require a trial of the material questions of fact on which his claim rests. Absent a showing of novelty, plaintiff’s *784action to recover damages for illegal use of "confidentially disclosed…

2Cases cited2 opinions

  1. Downey v. General Foods Corp.New York Court of Appeals · 1972
  2. Platzman v. American Totalisator Co.New York Court of Appeals · 1978

3Cited by51 opinions

  1. Hwesu S. Murray v. National Broadcasting Company, Inc. And Brandon Tartikoff, DefendantsCourt of Appeals for the Second Circuit · 1988
  2. Craig P. Nadel, Plaintiff-Counter-Defendant-Appellant-Cross-Appellee v. Play-By-Play Toys & Novelties, Inc., Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Second Circuit · 2000
  3. Norton J. Lehman v. Dow Jones & Company, Inc.Court of Appeals for the Second Circuit · 1986
  4. Apfel v. Prudential-Bache Securities Inc.New York Court of Appeals · 1993
  5. Mayer v. Josiah Wedgwood & Sons, Ltd.District Court, S.D. New York · 1985

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