Legal Opinion
Dubbs v. Stribling & Associates
New York Court of Appeals
Decided June 12, 2001PublishedCited by 50 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
At issue is whether a real estate broker breached a fiduciary duty owed a principal. For the reasons that follow, we conclude that the Appellate Division properly dismissed plaintiffs’ breach of fiduciary duty claim.
Because the complaint was dismissed on a motion for summary judgment, the facts are viewed in the light most favorable to the plaintiffs. Plaintiffs placed their Manhattan cooperative apartment on the market in 1994 as an “open listing.” Under this arrangement, any real estate broker who located a purchaser for the property would be entitled to a…
2Cases cited3 opinions
- Wendt v. FischerNew York Court of Appeals · 1926
- Northeast General Corp. v. Wellington Advertising, Inc.New York Court of Appeals · 1993
- Midcourt Builders Corp. v. L. T. EaganNew York Court of Appeals · 1972
3Cited by50 opinions
- Centro Empresarial Cempresa S.A. v. América Móvil, S.A.B. de C.V.New York Court of Appeals · 2011
- Khan v. BDO Seidman, LLPAppellate Court of Illinois · 2011
- Global Minerals & Metals Corp. v. HolmeAppellate Division of the Supreme Court of the State of New York · 2006
- Daly v. KochanowiczAppellate Division of the Supreme Court of the State of New York · 2009
- Blue Chip Emerald LLC v. Allied Partners Inc.Appellate Division of the Supreme Court of the State of New York · 2002
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