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CHESTER COLOR SEPARATIONS, INC. v. TREFOIL CAPITAL CORP.

222 A.D.2d 276 (1995)

636 N.Y.S.2d 613

Chester Color Separations, Inc., et al., Appellants, v. Trefoil Capital Corp. et al., Respondents

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

December 12, 1995

The parties' debtor-creditor relationship was based upon arm's length transactions, including the mortgaging of real property. Defendants never occupied the kind of position of trust with plaintiffs that would create a fiduciary relationship between them (see, American Bank & Trust Co. v Lichtenstein, 48 A.D.2d 790, 791, affd 39 N.Y.2d 857...

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