NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 8, 2009
SARIT SHMUELI, PLAINTIFF-RESPONDENT,
NRT NEW YORK, INC., DOING BUSINESS AS THE CORCORAN GROUP, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (Michael Stallman, J. and a jury), entered January 5, 2007, awarding plaintiff compensatory damages of $400,000 plus prejudgment interest, and punitive damages of $1,200,000 plus post-verdict interest, unanimously modified, on the law, to vacate the award of punitive damages, and otherwise affirmed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Tom, J.P., Nardelli, Renwick, Freedman, Roman, JJ.
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 plaintiff's customer list and other information that she had stored on the computer that defendant had provided to her, and that plaintiff's 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 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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