Shmueli v. NRT New York, Inc.

Appellate Division of the Supreme Court of New York

Shmueli v. NRT New York, Inc.

68 A.D.3d 479, 888 N.Y.2d 886

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

DecidedDecember 8, 2009

StatusPublished

This text of 68 A.D.3d 479 (Shmueli v. NRT New York, Inc.) 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

Shmueli v. NRT New York, Inc., 68 A.D.3d 479, 888 N.Y.2d 886 (N.Y. Ct. App. 2009).

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Opinion

The award of compensatory damages is supported by the weight of the evidence showing that when defendant, a real estate brokerage firm, terminated its association with plaintiff, a real estate broker, defendant converted plaintiffs customer list and other information that she had stored on the computer that defendant had provided to her, and that plaintiffs resulting loss of commissions amounted to $400,000. We vacate the award of punitive damages because defendant’s practice of precluding a terminated employee from having access to its computer system does not evince a high degree of moral turpitude (see Ross v Louise Wise Servs., Inc., 8 NY3d 478, 489 [2007]). Concur — Tom, J.P., Nardelli, Renwick, Freedman and Roman, JJ.

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The award of compensatory damages is supported by the weight of the evidence showing that when defendant, a real estate brokerage firm, terminated its association with plaintiff, a real estate broker, defendant converted plaintiffs customer list and other information that she had stored on the computer that defendant had provided to her, and that plaintiffs resulting loss of commissions amounted to $400,000. We vacate the award of punitive damages because defendant’s practice of precluding a terminated employee from having access to its computer system does not evince a high degree of moral turpitude (see Ross v Louise Wise Servs., Inc., 8 NY3d 478, 489 [2007]). Concur — Tom, J.P., Nardelli, Renwick, Freedman and Roman, JJ.

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Bluebook (online)

68 A.D.3d 479, 888 N.Y.2d 886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shmueli-v-nrt-new-york-inc-nyappdiv-2009.

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