Estate of Bain v. Morales

In this appeal from a partial summary judgment it is contended, by representatives of the broker’s estate, that there are material issues of fact as to whether a payment in a trust account for commissions was converted, and whether the broker procured a willing and able purchaser who then conspired with the seller to deprive the broker of a commission. Giving the non-movant the benefit of the reasonable inferences in this complex factual setting, it does not appear that the movant has demonstrated conclusively the nonexistence of a genuine dispute of fact or law and that he is entitled to…