KELLER v. LOEWS CORPORATION

1968, 102735/06

69 A.D.3d 451 (2010)

894 N.Y.S.2d 376

2010 NY Slip Op 203

ELAN KELLER, Respondent, v. LOEWS CORPORATION, Appellant, et al., Defendant.

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

Decided January 12, 2010.


Plaintiff alleges religious discrimination in the termination of his employment as in-house attorney with defendant Loews Corporation. Defendant's counterclaim alleges that plaintiff breached his fiduciary duty to Loews by disclosing confidential information in his complaint. The motion court dismissed the counterclaim on the ground that there is no fiduciary relationship between an employer and an at-will employee. That was error.

"[A] lawyer, as one in a confidential...

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