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SULLIVAN v. JEFFERSON, JEFFERSON & VAIDA

167 N.J. Super. 282 (1979)

400 A.2d 836

VINCENT SULLIVAN AND MONICA SULLIVAN, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. JEFFERSON, JEFFERSON & VAIDA, DEFENDANTS, AND ALICE McDERMOTT, DEFENDANT-APPELLANT. VINCENT SULLIVAN AND MONICA SULLIVAN, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. ERNEST W. DOCS, INDIVIDUALLY AND T/A THE DOCS AGENCY, DEFENDANT-APPELLANT, AND ANTHONY DONATO, INDIVIDUALLY AND T/A THE V.I.P. AGENCY, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided April 3, 1979.

Attorney(s) appearing for the Case

Mr. Harold G. Cohen argued the cause for appellants Alice McDermott and Ernest W. Docs (Messrs. Wilentz, Goldman & Spitzer, attorneys).

Mr. Gerald M. Zashin argued the cause for respondents Vincent Sullivan and Monica Sullivan.

Before Judges LORA, MICHELS and LARNER.

The opinion of the court was delivered by LARNER, J.A.D.

This appeal presents the question of the liability of a listing broker in a multiple listing arrangement for the fraudulent conversion of deposit moneys by the selling broker. After a plenary trial the trial judge held the listing broker Docs and his employee, Alice McDermott, liable to the sellers on two grounds: (1) breach of their fiduciary duty, and (2) the multiple listing mechanism created a joint venture...

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