American Map Corp. v. Stone
Decision Date | 30 August 1999 |
Parties | AMERICAN MAP CORPORATION, appellant, v. William A. STONE, respondent. |
Court | New York Supreme Court — Appellate Division |
Cowan, DeBaets, Abrahams & Sheppard, LLP, New York, N.Y. (David B. Wolf of counsel), for appellant.
MYRIAM J. ALTMAN, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY and ROBERT W. SCHMIDT, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for breach of fiduciary duty and conversion and for injunctive relief, the plaintiff appeals (1), as limited by its brief, from so much of an order of the Supreme Court, Queens County (Berke, J.), dated June 29, 1998, as denied its motion for partial summary judgment on the issue of liability on its cause of action alleging breach of fiduciary duty except to award it summary judgment against the defendant for "all salary, commission, and expenses paid to [the defendant] during the period September 26, 1996, through October 16, 1996", and (2) from an order of the same court, dated January 14, 1999, which denied its motion for reargument.
ORDERED that the plaintiff is awarded one bill of costs.
It is well settled that " " (Maritime Fish Prods. v. World-Wide Fish Prods., 100 A.D.2d 81, 88, 474 N.Y.S.2d 281, quoting Lamdin v. Broadway Surface Adv....
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AMERICAN MAP CORPORATION v. Stone
... ... Not only must the employee or agent account to his principal for secret profits but he also forfeits his right to compensation for services rendered by him if he proves disloyal'" (Maritime Fish Prods. v World-Wide Fish Prods., 100 AD2d 81, 88, quoting Lamdin v Broadway Surface Adv. Corp., 272 NY 133, 138) ... The Supreme Court erred in denying that branch of the plaintiff's motion which was for partial summary judgment on the issue of liability on so much of its cause of action alleging breach of fiduciary duty based on the defendant's sales of the plaintiff's products to ... ...