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GENESEE COUNTY, N.Y. — A legal battle is unfolding between two restaurants in Genesee County. The Red Osier Landmark Restaurant is suing Sunny’s Restaurant, alleging theft of trade secret recipes.
The Red Osier, known for its prime rib since 1979, claimed its identity is at risk. The owners said Sunny’s, which opened last fall in Batavia, is using their secret recipes.
According to the lawsuit, two former Red Osier employees, including the head chef, left to work at Sunny’s. The lawsuit claims they took the recipes with them and conspired with Sunny’s owner, David Snyder.
The Red Osier’s dishes include “signature prime rib,” “twin cold water lobster tails,” “mahi mahi mango salsa,” and “bourbon glazed salmon.” These dishes appear on Sunny’s menu using the same language. To protect their recipes, Red Osier required employees to sign confidentiality agreements.
“We didn’t steal any recipes,” said Ted Graney, attorney for Sunny’s.
Graney, representing Sunny’s and Snyder, said the menu was finalized before hiring the former Red Osier employees.
“As menu items, they’re certainly not unique. Restaurants all over Western New York, Genesee County, Erie County, Monroe County, offer prime rib and lobster tail,” Graney said.
Graney added, “We believe on its face, it certainly appears to be designed to retaliate against former employees and harass a new restaurateur in town.”
In a statement, John Refermat, attorney for the Red Osier, said, “People can work where they want, and restaurants can serve whatever dishes they like…clearly though, the law does not allow businesses to interfere wrongfully with their competitors. We look forward to proving our case in court.”
The Red Osier owners are seeking a temporary restraining order to remove the items from Sunny’s menu and return the trade secrets. The two sides will present their arguments to a judge on March 23.
Read the full lawsuit filed by Red Osier:
Read Sunny’s response to the lawsuit:
For Related Stories: Red Osier Sunny’s Restaurant Genesee County
Dining and Cooking