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DUBBS v. STRIBLING & ASSOCS.

274 A.D.2d 32 (2000)

712 N.Y.S.2d 19

ELIZABETH M.R. DUBBS et al., Appellants-Respondents, v. STRIBLING & ASSOCIATES et al., Respondents-Appellants.

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

July 27, 2000.

Attorney(s) appearing for the Case

Edward J. Guardaro, Jr., of counsel (Thomas A. Dubbs on the brief; Goodkind Labaton Rudoff & Sucharow, L. L. P., attorneys), for appellants-respondents.

Steven M. Nachman for respondents-appellants.

SULLIVAN, P. J. and NARDELLI, J., concur with FRIEDMAN, J.; WALLACH and SAXE, JJ., dissent in a separate opinion by SAXE, J.

OPINION OF THE COURT

FRIEDMAN, J.

A real estate broker who, after complying with disclosure requirements, contracts to purchase her client's apartment does not owe a continuing fiduciary duty to the client after the contract date. This action, which is rooted in a claim that defendants breached fiduciary duties to their client after execution of the contract, was therefore properly dismissed by Supreme Court.

Plaintiffs, both of whom are lawyers...

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