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Guilderland Reinsurance Company v. Gold

Appellate Division of the Supreme Court of New York, Third Department
May 9, 1996
227 A.D.2d 759 (N.Y. App. Div. 1996)

Summary

reversing dismissal of a fiduciary duty claim on economic-loss grounds

Summary of this case from In re Heartland Payment Systems, Inc. Customer Data

Opinion

May 9, 1996

Appeal from the Supreme Court, Albany County (Keegan, J.).


Plaintiff's complaint seeks purely economic loss for defendant's breach of contract in refusing to close on a real estate transaction. Third-party defendants moved to dismiss the third-party complaint on the ground that no claim for contribution lies in these circumstances ( see, e.g., Board of Educ. v. Sargent, Webster, Crenshaw Folley, 71 N.Y.2d 21). The third-party complaint, however, does not assert a claim for contribution. Rather, it alleges the existence of a contractual and fiduciary relationship between defendant and third-party defendants, and further alleges that third-party defendants used confidential information from the fiduciary relationship to induce defendant to enter into the contract with plaintiff, in derogation of defendant's best interests and in contravention of third-party defendants' fiduciary duty to defendant.

In light of the scope of the inquiry on a CPLR 3211 (a) (7) motion to dismiss ( see, Rovello v. Orofino Realty Co., 40 N.Y.2d 633), Supreme Court did not err in denying third-party defendants' motion. "[A] licensed real estate broker is a fiduciary for his client, and must exercise the utmost good faith and loyalty in his performance" ( Weissman v. Mertz, 128 A.D.2d 609, 610, appeal dismissed 69 N.Y.2d 1036, lv denied 70 N.Y.2d 608). Accepting the allegations of the third-party complaint as true for the purposes of this motion addressed only to the sufficiency of the pleading, defendant has stated a claim based upon the alleged existence of a fiduciary relationship between defendant and third-party defendants and upon third-party defendants' alleged breach of the fiduciary duty owed to defendant as a result of that relationship.

Cardona, P.J., White, Peters and Spain, JJ., concur. Ordered that the order is affirmed, with costs.


Summaries of

Guilderland Reinsurance Company v. Gold

Appellate Division of the Supreme Court of New York, Third Department
May 9, 1996
227 A.D.2d 759 (N.Y. App. Div. 1996)

reversing dismissal of a fiduciary duty claim on economic-loss grounds

Summary of this case from In re Heartland Payment Systems, Inc. Customer Data
Case details for

Guilderland Reinsurance Company v. Gold

Case Details

Full title:GUILDERLAND REINSURANCE COMPANY, Plaintiff, v. ROBERT GOLD, Defendant and…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 9, 1996

Citations

227 A.D.2d 759 (N.Y. App. Div. 1996)
642 N.Y.S.2d 99

Citing Cases

In re Heartland Payment Systems, Inc. Customer Data

Courts in New York have agreed. See, e.g., Guilderland Reins. Co v. Gold, 642 N.Y.S.2d 99, 99-100 (N.Y. App.…