Pepitone v. Russo

Opinion

KANE, J.

Plaintiff Grace Pepitone appeals from the trial court’s judgment reducing the amount of damages and failing to award prejudgment interest in an action brought for fraud and breach of fiduciaiy duty. The facts briefly stated are as follows:

In May 1968, appellant exchanged a piece of real property for a motel owned by one Goldy. The exchange agreement was drafted and the deal was transacted by respondents, a real estate brokerage firm and its individual members (hereinafter “respondents”). Due to the fact that respondents failed to disclose that a second deed of trust encumbering…