United States Second Circuit

In case involving significant issue of New York law regarding the nature of the fiduciary duty a real estate buyer's agent owes to the buyer, oral decision and order granting summary judgment for defendants requires certification of following question to the New York Court of Appeals: Did any or all of defendants breach a fiduciary duty to plaintiff by failing to disclose, in any form, defendants' representation of a competing buyer for the property plaintiff sought to buy?

Appellate Information

• Decided 07/12/2007
• Published 07/12/2007

Judges

• FEINBERG, Circuit Judge:, Before:  FEINBERG, SOTOMAYOR and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert J. Tolchin, New York, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Stephen H. Volkheimer, Hiscock & Barclay, LLP, Albany, NY, for Defendants-Appellees.