Derwald v. L.J.N. Toys, Ltd.

Order, Supreme Court, New York County (Irma Vidal Santaella, J.), entered July 13, 1989, which denied defendants’ motion to dismiss the second amended complaint, is unanimously reversed, on the law and on the facts, motion granted, and complaint dismissed, without costs.

In late May 1984, Mr. Richard J. Derwald made an unsolicited telephone call to L.J.N. Toys, Ltd. (UN) to discuss a product concept (concept) which he had developed. In response, an employee of UN informed Mr. Derwald that he would have to submit his concept in writing for UN to consider same.

Subsequently, various employees of…