Western Electric Co. v. Brenner

Appellate Division of the Supreme Court of New York

Western Electric Co. v. Brenner

51 A.D.2d 921, 381 N.Y.S.2d 85, 1976 N.Y. App. Div. LEXIS 11604

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

DecidedMarch 16, 1976

StatusPublished

This text of 51 A.D.2d 921 (Western Electric Co. v. Brenner) 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

Western Electric Co. v. Brenner, 51 A.D.2d 921, 381 N.Y.S.2d 85, 1976 N.Y. App. Div. LEXIS 11604 (N.Y. Ct. App. 1976).

Pincite

Opinion

Order, Supreme Court, New York County, entered July 30, 1975, denying defendant’s motion to dismiss the complaint as barred by the Statute of Limitations, unanimously affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. The defendant was employed by Western Electric Company, Incorporated, as a senior contract specialist in the corporate realty department. It is alleged that while so employed he demanded and received an unlawful payment of $50,000, on behalf of a construction corporation, to induce him to award a contract to it. This action was commenced in May, 1975 and the alleged wrongdoing took place in 1971. Defendant contends that the complaint sounds in tort and is barred by the three-year Statute of Limitations (CPLR 214, subd 4). However, defendant, as an employee of Western Electric, was [922]*922placed in a position of trust and owed a duty of good faith and loyalty to his employer. The employer-employee relationship is clearly contractual in nature, be that contract express or implied (36 NY Jur, Master and Servant, § 10), and therefore the complaint is governed by a six-year limitation period and is not time-barred (CPLR 213, subd 2). Concur—Kupferman, J. P., Murphy, Lupiano, Birns and Lane, JJ.

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Order, Supreme Court, New York County, entered July 30, 1975, denying defendant’s motion to dismiss the complaint as barred by the Statute of Limitations, unanimously affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. The defendant was employed by Western Electric Company, Incorporated, as a senior contract specialist in the corporate realty department. It is alleged that while so employed he demanded and received an unlawful payment of $50,000, on behalf of a construction corporation, to induce him to award a contract to it. This action was commenced in May, 1975 and the alleged wrongdoing took place in 1971. Defendant contends that the complaint sounds in tort and is barred by the three-year Statute of Limitations (CPLR 214, subd 4). However, defendant, as an employee of Western Electric, was [922]*922placed in a position of trust and owed a duty of good faith and loyalty to his employer. The employer-employee relationship is clearly contractual in nature, be that contract express or implied (36 NY Jur, Master and Servant, § 10), and therefore the complaint is governed by a six-year limitation period and is not time-barred (CPLR 213, subd 2). Concur—Kupferman, J. P., Murphy, Lupiano, Birns and Lane, JJ.

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Bluebook (online)

51 A.D.2d 921, 381 N.Y.S.2d 85, 1976 N.Y. App. Div. LEXIS 11604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-electric-co-v-brenner-nyappdiv-1976.

Opinion

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