VISUAL ARTS FOUNDATION, INC. v. EGNASKO

6647, 603078/08

91 A.D.3d 578 (2012)

939 N.Y.S.2d 13

2012 NY Slip Op 646

VISUAL ARTS FOUNDATION, INC., Appellant, v. LOUIS A. EGNASKO, Respondent, et al., Defendants.

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

Decided January 31, 2012.


Having demonstrated its entitlement to summary judgment on its cause of action under the faithless servant doctrine, plaintiff is entitled to damages on that cause of action. An employee "forfeits his right to compensation for services rendered by him if he proves disloyal" (Lamdin v Broadway Surface Adv. Corp., 272 N.Y. 133, 138 [1936]; Coastal Sheet Metal Corp. v Vassallo, 75 A.D.3d 422 [2010]; Matter of Marceca,...

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