Equity Now, Inc. v. Wall Street Mortgage Bankers, Ltd.

Appellate Division of the Supreme Court of New York

Equity Now, Inc. v. Wall Street Mortgage Bankers, Ltd.

98 A.D.3d 909, 950 N.Y.S.2d 904

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 27, 2012

StatusPublished

This text of 98 A.D.3d 909 (Equity Now, Inc. v. Wall Street Mortgage Bankers, Ltd.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Equity Now, Inc. v. Wall Street Mortgage Bankers, Ltd., 98 A.D.3d 909, 950 N.Y.S.2d 904 (N.Y. Ct. App. 2012).

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Opinion

Order and judgment (one paper), Supreme Court, New York County (Debra A. James, J.), entered September 9, 2011, after a nonjury trial, inter alia, awarding plaintiff damages as against defendant Wall Street Mortgage Bankers, Ltd. (Power Express), unanimously affirmed, with costs.

The evidence at trial established that defendant Trejo was aided and abetted by Power Express in misappropriating trade secrets and breaching his fiduciary duty to his former employer by physically taking the lists that were plaintiffs property, refusing to return them in response to plaintiffs demands, and using plaintiff’s proprietary information on behalf of Power Express (see Leo Silfen, Inc. v Cream, 29 NY2d 387, 392-393 [1972]; Kaufman v Cohen, 307 AD2d 113, 125 [1st Dept 2003]).

Plaintiff was entitled to damages for the profits it lost as a result of defendant’s conduct (Hertz Corp. v Avis, Inc., 106 AD2d 246, 251 [1st Dept 1985]).

We have considered defendant’s remaining arguments and find them unavailing. Concur — Friedman, J.P., Acosta, AbdusSalaam, Manzanet-Daniels and Román, JJ.

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Order and judgment (one paper), Supreme Court, New York County (Debra A. James, J.), entered September 9, 2011, after a nonjury trial, inter alia, awarding plaintiff damages as against defendant Wall Street Mortgage Bankers, Ltd. (Power Express), unanimously affirmed, with costs.

The evidence at trial established that defendant Trejo was aided and abetted by Power Express in misappropriating trade secrets and breaching his fiduciary duty to his former employer by physically taking the lists that were plaintiffs property, refusing to return them in response to plaintiffs demands, and using plaintiff’s proprietary information on behalf of Power Express (see Leo Silfen, Inc. v Cream, 29 NY2d 387, 392-393 [1972]; Kaufman v Cohen, 307 AD2d 113, 125 [1st Dept 2003]).

Plaintiff was entitled to damages for the profits it lost as a result of defendant’s conduct (Hertz Corp. v Avis, Inc., 106 AD2d 246, 251 [1st Dept 1985]).

We have considered defendant’s remaining arguments and find them unavailing. Concur — Friedman, J.P., Acosta, AbdusSalaam, Manzanet-Daniels and Román, JJ.

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Bluebook (online)

98 A.D.3d 909, 950 N.Y.S.2d 904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equity-now-inc-v-wall-street-mortgage-bankers-ltd-nyappdiv-2012.

Opinion

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