Italian Publications, Inc. v. Belli

After trial, plaintiff’s complaint was dismissed on the merits. Defendants now move for an additional allowance pursuant to CPLR 8303 (subd. [a], par. 2).

Plaintiff’s complaint was based on the claim that the defendants had entered into a plan and scheme unlawfully to obtain plaintiff’s confidential and secret data consisting of customers’ lists of dealers who sold Italian publications in the United States, along with other confidential data belonging to the plaintiff. The proof at the trial established beyond any doubt that the defendants did not participate in any unlawful scheme to steal…