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EMPIRE FIN. SERVICES v. BANK OF NY (DE.)

No. 310, 2005.

900 A.2d 92 (2006)

EMPIRE FINANCIAL SERVICES, INC., Plaintiff Below, Appellant, Cross-Appellee, v. The BANK OF NEW YORK (DELAWARE), Defendant Below, Appellee, Cross-Appellant.

Supreme Court of Delaware.

Decided: April 17, 2006.

Attorney(s) appearing for the Case

Raymond M. Radulski (argued), Wilmington, and David Staats of the Law Office of David Staats, P.A., Wilmington, DE, for Appellant.

M. Duncan Grant of Pepper Hamilton, L.L.P., Wilmington, DE, for Appellee.

Before STEELE, Chief Justice, BERGER and JACOBS, Justices.

BERGER, Justice:

In this appeal we consider, among other issues, the appropriate measure of damages in a claim arising from the theft of certain business records and the related termination of a collection agency's contract with a bank. A jury found that, in conspiracy with the bank, the president of the collection agency stole business records from the agency, and used those records to service collections for the bank at...

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