Smartix International Corp. v. MasterCard International LLC
Opinion of the Court
This action for misappropriation of trade secrets and confidential information, fraud, conversion, breach of contract and breach of fiduciary duty arises from a contract between plaintiff
MasterCard made a prima facie showing of entitlement to judgment as a matter of law by establishing that the Extra Points program was not based on SmartFan. Plaintiffs assertion that Extra Points is an improper continuation of SmartFan, based on speculation and hearsay, is insufficient to raise a triable issue of fact. Plaintiffs mere hope that discovery will uncover evidence needed to defeat summary judgment is insufficient to deny the motion (Fulton v Allstate Ins. Co., 14 AD3d 380, 381 [2005]).
Denial of sanctions was not improper since plaintiffs position was not so egregious as to constitute frivolous conduct within the meaning of 22 NYCRR 130-1.1 (Parametric Capital Mgt., LLC v Lacker, 26 AD3d 175 [2006]).
We have considered the remaining arguments and find them unavailing. Concur — Andrias, J.P, Saxe, Sweeny, Acosta and Manzanet-Daniels, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.