REIFF v. SHIFREL

ORDERED that the judgment is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Westchester County, for entry of a judgment in favor of the plaintiff and against the defendant Michael J. Shifrel in the principal sum of $150,000, and for computation of interest.

Based upon the evidence presented at trial, there is no rational process by which the jury could have found that the defendant Michael J. Shifrel did not breach his fiduciary duty to the plaintiff (see, Szczerbiak v. Pilat, 90 N.Y.2d 553, 556 ). Shifrel clearly engaged in self-dealing, placing his personal interests in conflict with those of the partnership, and therefore violated his fiduciary obligations to the plaintiff, his partner (see, Birnbaum v. Birnbaum, 73 N.Y.2d 461, 466 ). Consequently, the plaintiff is entitled to recover his share of the funds acquired by Shifrel (see, Partnership Law § 43 Partnership). Accordingly, the trial court should have granted the plaintiff's motion to set aside the jury verdict and for judgment as a matter of law.

In light of our determination, it is unnecessary to address the plaintiff's remaining contentions.

MANGANO, P.J., THOMPSON, ALTMAN, and LUCIANO, JJ., concur.