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TPL ASSOCS. v. HELMSLEY-SPEAR, INC.

146 A.D.2d 468 (1989)

TPL Associates, Appellant, v. Helmsley-Spear, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

January 10, 1989

Supreme Court erred in granting summary judgment because a triable issue of fact existed as to whether defendants-respondents had met their fiduciary obligation of disclosing their conflict of interest "without ambiguity or reservation, in all its stark significance" (Wendt v Fischer, 243 N.Y. 439, 443 [1926, Cardozo, J.]). Respondents undertook to act as broker for plaintiff-appellant, a general partnership, which owned...

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