Legal Opinion · Dissent
Dubbs v. Stribling & Associates
Appellate Division of the Supreme Court of the State of New York
Decided July 27, 2000Published
1DissentSaxe, J.
Nearly 75 years ago, Judge Benjamin N. Cardozo expressed concern regarding the possibility of abuses of trust committed by real estate brokers in pursuit of their profession. “The real estate broker is brought by his calling into a relation of trust and confidence. Constant are the opportunities by concealment and collusion to extract illicit gains. We know from our judicial records that the opportunities have not been lost.” (Roman v Lobe, 243 NY 51, 54.)
On this appeal, Judge Cardozo’s concerns are ever present. Specifically, we are required to determine the duration of the fiduciary duty…
2Cases cited23 opinions
- Meinhard v. SalmonNew York Court of Appeals · 1928
- Wendt v. FischerNew York Court of Appeals · 1926
- Northeast General Corp. v. Wellington Advertising, Inc.New York Court of Appeals · 1993
- Lane — Real Estate Department Store, Inc. v. Lawlet Corp.New York Court of Appeals · 1971
- Roman v. LobeNew York Court of Appeals · 1926
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