N.K. INTERNATIONAL, INC. v. DAE HYUN KIM

1862, 600833/04

68 A.D.3d 608 (2009)

2009 NY Slip Op 9514

892 N.Y.S.2d 77

N.K. INTERNATIONAL, INC., et al., Respondents-Appellants, v. DAE HYUN KIM, Appellant-Respondent, et al., Defendants.

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

Decided December 22, 2009.


Upon plaintiffs' demonstration that defendant Kim breached his fiduciary duty as an employee by secretly diverting purchase orders from his employer, plaintiff N.K., to himself and a newly-formed corporation (D&K), plaintiffs were entitled to recover damages calculated on the basis of what the employer would have made of the diverted corporate opportunity (Harry R. Defler Corp. v Kleeman, 19 A.D.2d 396, 403-404 [1963], affd...

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