BRUNO CO. v. FRIEDBERG


28 A.D.2d 91 (1967)

E. W. Bruno Co., Inc., Respondent, v. Alan Friedberg et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

July 6, 1967.


Attorney(s) appearing for the Case

Arthur H. Schwartz of counsel (Stuart G. Schwartz and Sheldon W. Halpern with him on the brief; Schwartz & Frolich, attorneys), for appellants.

Michael K. Stanton of counsel (Edward C. Wallace with him on the brief; Weil, Gotshal & Manges, attorneys), for respondent.

STEVENS, J. P., CAPOZZOLI, TILZER and McGIVERN, JJ., concur.


EAGER, J.

As a matter of law, the amount of recovery awarded to plaintiff may not stand. On the basis of the findings of the Referee and the record, the stated award is unsupported and should be modified.

The plaintiff was heretofore held entitled to have a recovery against the defendants for a breach of fiduciary duty by the defendant Friedberg as plaintiff's sales manager in secretly soliciting and appropriating...

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