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GOMEZ v. BICKNELL

302 A.D.2d 107 (2002)

756 N.Y.S.2d 209

CHRISTIAN H. GOMEZ, Respondent-Appellant, v. NEIL C. BICKNELL, Defendant, and BICKNELL ADVISORY SERVICES, INC., Appellant-Respondent.

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

December 23, 2002.

Attorney(s) appearing for the Case

Mischel, Neuman & Horn, P.C., New York City (Scott T. Horn of counsel), for appellant-respondent.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York City (Edward J. Boyle and Peter J. Larkin of counsel), for respondent-appellant.

FEUERSTEIN, J.P., SCHMIDT and ADAMS, JJ., concur.

OPINION OF THE COURT

CRANE, J.

This case presents us with the opportunity, the first in this Department of the Appellate Division, to express our view of the law of damages for an employee's breach of the duty of loyalty in converting to himself a corporate opportunity. It allows us to contrast the law of damages applicable to an employer's recovery for breach of an employee's covenant not to compete after the termination of his employment.

The defendant...

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