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G.K. ALAN ASSOC. v. LAZZARI

44 A.D.3d 95 (2007)

840 N.Y.S.2d 378

G.K. ALAN ASSOC., INC., Plaintiff and Counterclaim Defendant-Appellant, v. DERVAL LAZZARI, Defendant and Counterclaim Plaintiff-Respondent. ACME AMERICAN REPAIRS, INC., Counterclaim Plaintiff-Respondent; HARVEY KATZENBERG, Counterclaim Defendant-Appellant.

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

July 10, 2007.

Attorney(s) appearing for the Case

Moss & Kalish, PLLC, New York City (Mark L. Kalish and David B. Gelfarb of counsel), for plaintiff/counterclaim defendant-appellant and counterclaim defendant-appellant.

Lewis S. Sandler, New York City, for defendant/counterclaim plaintiff-respondent and counterclaim plaintiff-respondent.

CRANE, J.P., KRAUSMAN and GOLDSTEIN, JJ., concur.

OPINION OF THE COURT

SPOLZINO, J.

This is an action to enforce the payment of a fee allegedly due pursuant to a consulting agreement. By that agreement, the defendant retained the plaintiff to provide consulting services to him in connection with his management of certain corporations in which he is a major shareholder. The defense is that the plaintiff was a "faithless agent" which has forfeited its right to compensation. The plaintiff's alleged faithlessness...

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