JOSEPH P. DAY REALTY CORP. v. MAYFLOWER AGENCY CO., INC.


174 A.D.2d 302 (1991)

Joseph P. Day Realty Corp., Respondent, v. Mayflower Agency Co., Inc., Appellant

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

June 4, 1991


In this action to recover a real estate broker's commission, questions of fact are presented as to whether plaintiff through its vice president Arida violated its fiduciary obligation to its client, defendant-lessor, by substituting without the approval of defendant's general counsel certain terms in the subject lease less favorable to defendant and more favorable to the lessee bank with whom the vice president allegedly had an ongoing business relationship. Such a breach...

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