Pursuant to the doctrine, an employee or agent who is faithless in the performance of his duties is not entitled to recover either salary or commission. Here, defendant, a nonmanaging member of plaintiff, was not an employee and is not alleged to have acted on plaintiff's behalf as its agent, and there are no allegations that he funneled business away to a competitor or engaged in theft. Accordingly, the Appellate Division determined that plaintiff's faithless servant claim was correctly dismissed.
Two Rivs. Entities, LLC v. Sandoval, NY Slip Op 01527 (1st Dep't March 16, 2021)
