Bodum USA, Inc. v. Perez

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered October 8, 2015, which granted defendants’ motion to dismiss the complaint, unanimously affirmed, without costs.

The complaint fails to adequately allege that plaintiff’s former chief executive officer Perez breached the noncompete clause set forth in section 11.1 (a) of the service agreement. A plaintiff alleging a competition-based claim must identify the relevant market with reference to the rule of reasonable interchangeability (see Continental Guest Servs. Corp. v International Bus Servs., Inc., 92 AD3d 570, 572…