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EPSTEIN ENG'G P.C. v. CATALDO

7716N, 7717N, 603146/08, 7718N.

101 A.D.3d 552 (2012)

955 N.Y.S.2d 508

2012 NY Slip Op 8781

EPSTEIN ENGINEERING P.C., Respondent, v. THOMAS CATALDO et al., Appellants, et al., Defendant.

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

December 20, 2012.

Defendants are alleged to have incorporated a business which directly competed with plaintiff, engaging in a "double life" for a period of 17 months prior to resigning from the company. A faithless servant must account not only for profits attributable to clients poached from the principal, but for all profits ascribable to the wrongful diversion of business (see Maritime Fish Prods. v World-Wide Fish Prods., 100 A.D.2d 81, 89 [1st...

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