Wallack Freight Lines, Inc. v. Next Day Express, Inc.
Cases that cite this one
18 later published cases cite this decision.
- 30 FPS Productions, Inc. v. Livolsi (Appellate Division of the Supreme Court of New York 2009)
- Advance 2000, Inc. v. Matthew Harwick (District Court, W.D. New York 2019)
- Island Sports Physical Therapy v. Burns (Appellate Division of the Supreme Court of New York 2011)
- Island Sports Physical Therapy v. Kane (Appellate Division of the Supreme Court of New York 2011)
- Acrisure, LLC v. Woodruff-Sawyer & Co. (New York Supreme Court, New York County 2024)
- Star Auto Sales of Queens LLC v. Iskander (District Court, E.D. New York 2022)
- Baltz v. Lidestri Foods, Inc. (United States District Court for the Western District of Arkansas 2021)
- McKinnon Doxsee Agency, Inc. v. Gallina (Appellate Division of the Supreme Court of New York 2020)
- MAHUSON, RICHARD W. v. VENTRAQ, INC. (Appellate Division of the Supreme Court of New York 2014)
- City Store Gates Mfg. Corp. v. Empire Rolling Steel Gates Corp. (Appellate Division of the Supreme Court of New York 2014)
- City Store Gates Mfg. Corp. v. Empire Rolling Steel Gates Corp. (Appellate Division of the Supreme Court of New York 2014)
- Qosina Corp. v. C & N Packaging, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Qosina Corp. v. C & N Packaging, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Beverage Marketing USA, Inc. v. South Beach Beverage Co. (Appellate Division of the Supreme Court of New York 2009)
- Slue v. New York University Medical Center (District Court, S.D. New York 2006)
- Beverage Mktg. USA v. S. Beach Beverage Co. (New York Supreme Court, Nassau County 2004)
- Prohealth Care Assoc., Llp v. April (New York Supreme Court, Nassau County 2004)
- Bender Insurance Agency, Inc. v. Treiber Insurance Agency, Inc. (Appellate Division of the Supreme Court of New York 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action, inter alia, to recover damages for breach of fiduciary duty, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Costello, J.), entered December 1, 1998, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion which was to dismiss the plaintiff’s cause of action alleging breach of fiduciary duty and substituting therefor a provision denying
It is well settled that an employee owes a duty of good faith and loyalty to an employer in the performance of the employee’s duties (see, Lamdin v Broadway Surface Adv. Corp., 272 NY 133; Maritime Fish Prods. v World-Wide Fish Prods., 100 AD2d 81). However, an employee may incorporate a business prior to leaving his employer without breaching any fiduciary duty unless the employee makes improper use of the employer’s time, facilities, or proprietary secrets in doing so (see, Schneider Leasing Plus v Stallone, 172 AD2d 739, 741). The evidence in the present case raises a triable issue of fact as to whether the defendants Mark J. Lewandowski, Sr., and John Waters were promoting their own business while still in the employ of the plaintiff, and whether in doing so they were using the time or resources of the plaintiff (see, Schneider Leasing Plus v Stallone, supra; Nassau Soda Fountain Equip. Corp. v Mason, 118 AD2d 764). Bracken, J. P., Friedmann, Luciano and Smith, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.