MITZVAH INC., d/b/a PISA BROTHERS TRAVEL, plf-res, v. PAULINE POWER def-ap

10055-10056. MITZVAH INC., d/b/a PISA BROTHERS TRAVEL, plf-res, v. PAULINE POWER def-ap — Epstein Becker & Green, P.C., New York (Lauri F. Rasnick of counsel), for ap — Creedon & Gill P.C., Northport (Peter J. Creedon of counsel), for res — Orders, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered November 15, 2011 and July 16, 2012, which, insofar as appealed from as limited by the briefs, upon defendants’ motions to dismiss the complaint and for summary judgment, denied the motions as to the third, fourth, and sixth causes of action, unanimously modified, on the law, to dismiss all claims against defendant Brookes, and otherwise affirmed, without costs.

The motion court properly determined that plaintiff had standing to assert its claims for unfair competition (third cause of action), misappropriation of trade secrets (fourth cause of action), and tortious interference with prospective business relationships and economic advantage (sixth cause of action). Defendant Power allegedly misappropriated substantial client information from her former employer (Pisa Brothers) prior to resigning and going to work for the corporate defendant (Altour), a competitor travel agency. Power, with Altour’s authorization, allegedly utilized Pisa Brother’s customer lists to, inter alia, promptly notify prior customers she serviced at her former employment of her new association with Altour. She also allegedly used Pisa Brothers’ client information to cause a transfer of existing vacation bookings, from Pisa Brothers to Altour, which had the effect of transferring earned commissions.