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KAYE v. ROSEFIELDE

A-93 September Term 2013, 073353

121 A.3d 862 (2015)

223 N.J. 218

Bruce KAYE, Individually and as Trustee of the Bruce Kaye Revocable Trust and the Bruce Kaye Dynasty Trust, Jason Kaye, Flagship Resort Development Corporation, First Resorts Management Company, Inc., Atlantic Palace Development, LLC, and La Sammana Ventures, LLC, Plaintiffs-Appellants, v. Alan P. ROSEFIELDE, Plumrose Company, Inc., and Rose Associates, Inc. of Miami, Defendants-Respondents. and La Sammana Management, LLC, and BA Management, LLC, Defendants, v. Deborah Kaye, 2000 Bruce Kaye Dynasty Trust, Howard Alter, Susan Tunney, Michael Valenti, Ronnie Stransky, Kenneth Wolfe, and Dennis Richard, Third-Party Defendants.

Supreme Court of New Jersey.

Decided September 22, 2015.

Attorney(s) appearing for the Case

Edwin J. Jacobs, Jr., argued the cause for appellants (Jacobs & Barbone, Atlantic City attorneys; Mr. Jacobs and YooNieh Ahn, on the brief).

John C. Connell argued the cause for respondents (Archer & Greiner, attorneys; Mr. Connell and Benjamin D. Morgan, Haddonfield, on the brief).

In this appeal, we determine whether a court may order the equitable disgorgement of an employee's compensation when the employee has breached his or her duty of loyalty to his or her employer, but the employer has not sustained economic loss as a consequence of that breach.

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