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NORTHEAST v. WELLINGTON ADV.

82 N.Y.2d 158 (1993)

624 N.E.2d 129

604 N.Y.S.2d 1

Northeast General Corporation, Appellant, v. Wellington Advertising, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided October 14, 1993.

Attorney(s) appearing for the Case

Jasper & Jasper, New York City (Harvey M. Jasper and Diana T. Heitmann of counsel), for appellant.

Gibson, Dunn & Crutcher, New York City (Randy M. Mastro and Robin L. Baker of counsel), and Bobrow Greenapple Skolnik & Shakarchy (Lawrence Greenapple and Steven J. Brog of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS and TITONE concur with Judge BELLACOSA; Judge HANCOCK, JR., dissents in a separate opinion in which Judge SMITH concurs; Judge LEVINE taking no part.

BELLACOSA, J.

The dispositive feature of this case, in which plaintiff Northeast seeks to recover a finder's fee, is whether the finder-seller agreement between the parties created a relationship of trust between them producing a fiduciary-like obligation on the finder. The particular facet of this case devolves from a duty imposed by the lower courts on the finder to disclose adverse reputational information...

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