Legal Opinion

Rivkin v. Century 21 Teran Realty LLC

Court of Appeals for the Second Circuit

Decided July 12, 2007No. 05-6566-cvPublishedCited by 17 opinions

1Opinion of the Court

FEINBERG, Circuit Judge:

Plaintiff-Appellant Oleg Rivkin appeals from an oral decision and order of the United States District Court for the Northern District of New York (Sharpe, J.) granting Defendants-Appellees’ motion for summary judgment and dismissing Rivkin’s complaint. This case raises a significant issue of New York law regarding the nature of the fiduciary duty a real estate buyer’s agent owes to the buyer (sometimes referred to hereafter as the “principal”). For the reasons stated below, we certify to the New York Court of Appeals the following question: Did any or all of…

2Cases cited11 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  3. Cellular Telephone Company, Doing Business as at & T Wireless Services v. The Town of Oyster Bay and the Town Board of the Town of Oyster BayCourt of Appeals for the Second Circuit · 1999
  4. Lou Dibella and Dibella Entertainment, Inc., Plaintiffs-Appellants-Cross-Appellees v. Bernard Hopkins, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 2005
  5. John Hemphill v. Harold Schott, Nyc Police Officer Thomas Dimuro, Nyc Police OfficerCourt of Appeals for the Second Circuit · 1998

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3Cited by17 opinions

  1. Oneida Indian Nation v. Madison CountyCourt of Appeals for the Second Circuit · 2011
  2. Murray v. Visiting Nurse Services of New YorkDistrict Court, S.D. New York · 2007
  3. Pugh v. GoordDistrict Court, S.D. New York · 2008
  4. Adler v. Ng (In Re Adler)District Court, E.D. New York · 2008
  5. Galimore v. City University of New York Bronx Community CollegeDistrict Court, S.D. New York · 2009

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