Au Bon Pain Corporation v. Artect, Inc., Douglas Kahn and Max Gordon

LUMBARD, Circuit Judge:

Plaintiff Au Bon Pain Corporation (ABP) appeals from an order of judgment entered after trial, in the Southern District of New York, Brieant, J., dismissing its complaint against defendants Artect, Inc., Douglas Kahn and Max Gordon. In an earlier order, the district court had severed the claims against Artect, thus leaving ABP to proceed against the individual defendants, both officers of Artect. The district court held at trial that ABP had failed to prove its ease against either individual and dismissed ABP’s complaint in its entirety. We now reverse.

I

According to the…