A Rockland company that sells supermarket refrigerators is demanding $5 million from a former employee who allegedly diverted business to a competitor.
Ozone Refrigeration accused former salesman Peter Ochoa of covertly working for the competitor, in a Dec. 30 complaint filed in U.S. District Court, White Plains.
Ochoa committed several offenses, the complaint states: “misappropriating Ozone’s client lists, interfering with Ozone’s contracts, and defaming Ozone by spreading falsehoods about its products and business practices.”
Ozone is based is Pearl River and is run by Paul and Krissy Lerner, of Nanuet. It sells Hussman refrigerators and hot and cold display cases to food stores in the tri-state region.
Ochoa worked in sales from mid-2012 to Oct. 23, 2024, when, according to the complaint, he abruptly left to work for AMF Sales & Associates, a Langhorne, Pennsylvania company that also sells refrigerators to supermarkets. An AMF press release issued on Nov. 1, 2024, announced that Ochoa was hired as regional sales manager for the New York City metro area.
Ochoa had access to Ozone’s secret client lists and data, according to the complaint, and in the months before he left the company he worked on deals with Cornucopia Natural Foods, Fine Fare Supermarket, and Ideal Supermarket. Cornucopia and Fine Fare made down payments on Hussman equipment.
But Ochoa allegedly made false statements to Ozone’s customers about its payment policy, rebates and the quality of Hussman products, causing customers to break deals and take business to AMF.
Ozone claims it lost more than $2 million on the Fine Fair deal, $485,000 from Ideal, and $222,000 from Cornucopia.
Ozone accused Ochoa of breach of fiduciary duty; defamation; misappropriation of trade secrets; interference with contracts and with a prospective deal; conversion of assets; and unjust enrichment.
The lawsuit was filed in Rockland Supreme Court on Oct. 21 and moved at Ochoa’s behest to U.S. District Court in White Plains, because he lives in North Haledon, New Jersey and the federal court has broader jurisdiction.
Ochoa did not reply to a message asking for his side of the story.
