Court of Appeals of New York

In an appeal from a judgment of the appellate division affirming a denial of defendant's CPLR 3211 motion to dismiss of plaintiffs' causes of action breach of fiduciary duty and constructive fraud in several real estate investment transactions, judgment is affirmed because complaint adequately pleads a fiduciary relationship, and where plaintiffs sufficiently alleged damages by asserting that they suffered actual pecuniary loss in the amount of non-disclosed commissions that inflated the purchase prices of their investments such that their constructive fraud claim survives.

Appellate Information

• Decided 12/20/2011
• Published 12/20/2011

Judges

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• David J. Katz, John Van Der Tuin