Legal Opinion
Visual Arts Foundation, Inc. v. Egnasko
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 2012PublishedCited by 5 opinions
1Opinion of the Court
*579Having 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 NY 133, 138 [1936]; Coastal Sheet Metal Corp. v Vassallo, 75 AD3d 422 [2010]; Matter of Marceca, 40 AD3d 318 [2007]). Plaintiffs evidence of the amount of compensation defendant Louis Egnasko, the disloyal employee, was paid during the relevant period was unrebutted.
Having been…
2Cases cited5 opinions
- Lamdin v. Broadway Surface Advertising Corp.New York Court of Appeals · 1936
- Merrill Lynch, Pierce, Fenner & Smith Inc. v. Arcturus Builders Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- American Transit Insurance v. FaisonAppellate Division of the Supreme Court of the State of New York · 1997
- Coastal Sheet Metal Corp. v. VassalloAppellate Division of the Supreme Court of the State of New York · 2010
- In re the Estate of MarcecaAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by5 opinions
- Accurso v. Infra-Red Services, Inc.District Court, E.D. Pennsylvania · 2016
- Wittels v. SanfordAppellate Division of the Supreme Court of the State of New York · 2016
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- At Last Sportswear, Inc. v. ByronAppellate Division of the Supreme Court of the State of New York · 2024
- Hyde v. OkolieAppellate Division of the Supreme Court of the State of New York · 2026