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CHUN HO CHUNG v. WILLIAMS SCHWITZER & ASSOCIATES, P.C.

Index Nos. 654961/17, 655049/17. Appeal No. 14835. Case No. 2020-04654.

200 A.D.3d 514 (2021)

157 N.Y.S.3d 465

2021 NY Slip Op 06945

Chun Ho Chung, Respondent-Appellant, v. Williams Schwitzer & Associates, P.C., Appellant-Respondent. William Schwitzer & Associates, P.C., Appellant-Respondent, v. Chun Ho Chung, Respondent-Appellant, et al., Defendant.

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

Decided December 14, 2021.

Attorney(s) appearing for the Case

Emery Celli Brinckerhoft Abady Ward & Maazel LLP, New York ( Hal R. Lieberman of counsel), for appellant-respondent.

Napoli Shkolnik, PLLC, Melville ( Nicholas R. Farnolo of counsel), for respondent-appellant.

Concur—Kern, J.P., Kennedy, Scarpulla, Mendez, Shulman, JJ.

Supreme Court should have denied the motion insofar as it sought summary judgment on WSA's faithless servant cause of action. Although Supreme Court correctly concluded that, as a matter of law, Chung breached his duty of loyalty to WSA by referring cases to another attorney while still employed by WSA (see Lamdin v Broadway Surface Adv. Corp., 272 N.Y. 133, 138 [1936]; Bon Temps Agency v Greenfield, 184 A.D.2d 280, 281 [1st...

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