DDS Partners, LLC v. Celenza

Order, Supreme Court, New York County (Charles Edward Ramos, J.), entered March 11, 2004, which, to the extent appealed from as limited by the briefs, granted the motion of defendants Celenza, Celenza & Celenza and the Omino partnership for partial summary judgment dismissing the second, third, fifth and seventh causes of action, unanimously modified, on the law, the second and fifth causes of action reinstated, and *115otherwise affirmed, with costs in favor of plaintiffs payable by defendant Celenza.

Defendant Vincent Celenza had a legal duty to refrain from impairing the goodwill he had…