Empire Financial Services, Inc. v. Bank of New York

BERGER, Justice:

In this appeal we consider, among other issues, the appropriate measure of damages in a claim arising from the theft of certain business records and the related termination of a collection agency’s contract with a bank. A jury found that, in conspiracy with the bank, the president of the collection agency stole business records from the agency, and used those records to service collections for the bank at a new collection agency. Because the contract between the bank and the original collection agency was terminable at will, however, the bank argued that the original…