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Matter of General Electric Co. v. Macejka

Appellate Division of the Supreme Court of New York, Third Department
Jul 9, 1998
252 A.D.2d 700 (N.Y. App. Div. 1998)

Summary

holding that pricing and profit margins constitute trade secrets

Summary of this case from IKON OFFICE SOLUTIONS v. LEICHTNAM

Opinion

July 9, 1998

Appeal from the Supreme Court, Schenectady County, (Keniry, J.).


Petitioner, the owner of certain real property located in the Town of Rotterdam, Schenectady County, commenced these proceedings for review of the real property tax assessments on said property for the years 1992 through 1996. After numerous inspections of the property by respondents' representatives, respondents requested certain discovery. Petitioner complied with the bulk of the discovery requests but refused to provide information that related primarily to profit and loss data of petitioner's business. Supreme Court denied respondents' request for petitioner's facility balance, profit and loss and revenue and expense sheets, survivorship studies, contract price allocations regarding overhead, depreciation, maintenance and operation, conversion studies and cost capital calculations. Supreme Court also denied respondents' motion to compel certain of petitioner's executives to submit to depositions. Respondents appeal.

On this appeal respondents do not argue the issue of Supreme Court's denial of their request for examination of petitioner's executives, and we deem such issue waived.

Initially, we observe that the majority of the documents sought by respondents are nonexistent, and it is axiomatic that a party may not be compelled to create documents in order to comply with discovery demands ( see, Corriel v. Volkswagen of Am., 127 A.D.2d 729, 731; Jonassen v. A.M.F., Inc., 104 A.D.2d 484, 486). Next, petitioner has asserted that the material sought, insofar as it relates to price, cost of materials or labor and profit figures, constitutes information of a proprietary nature and objects to disclosure on that basis. Our review of the record satisfies us that petitioner has made the necessary minimum showing that the material sought is a trade secret and that respondents have not demonstrated that discovery of same is indispensable ( see, Finch, Pruyn Co. v. Niagara Paper Co., 228 A.D.2d 834, 837, appeal dismissed 88 N.Y.2d 979). For those reasons, we find that Supreme Court did not abuse its discretion in denying respondents' requested discovery and, accordingly, affirm.

Cardona, P.J., White, Yesawich Jr. and Graffeo, JJ., concur.

Ordered that the order is affirmed, without costs.


Summaries of

Matter of General Electric Co. v. Macejka

Appellate Division of the Supreme Court of New York, Third Department
Jul 9, 1998
252 A.D.2d 700 (N.Y. App. Div. 1998)

holding that pricing and profit margins constitute trade secrets

Summary of this case from IKON OFFICE SOLUTIONS v. LEICHTNAM

finding that pricing and profit margin information is a trade secret

Summary of this case from Shamrock Power Sales, LLC v. Scherer

stating that "it is axiomatic that a party may not be compelled to create documents in order to comply with discovery demands"

Summary of this case from In re Air Crash Near Clarence Ctr., N.Y.
Case details for

Matter of General Electric Co. v. Macejka

Case Details

Full title:In the Matter of GENERAL ELECTRIC COMPANY, Respondent, v. John J. MACEJKA…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 9, 1998

Citations

252 A.D.2d 700 (N.Y. App. Div. 1998)
675 N.Y.S.2d 420

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Shamrock Power Sales, LLC v. Scherer

. Valenti, 196 F. Supp. 2d 269, 278 (E.D.N.Y. 2002) ("[K]nowledge of a customer's needs and specifications…