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SONNENSCHEIN v. DOUGLAS ELLIMAN-GIBBONS & IVES

274 A.D.2d 244 (2000)

713 N.Y.S.2d 9

IRVING SONNENSCHEIN et al., Appellants-Respondents, v. DOUGLAS ELLIMAN-GIBBONS & IVES et al., Respondents-Appellants.

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

August 24, 2000.

Attorney(s) appearing for the Case

Donald A. Hopper of counsel (Hopper Law Firm, P. C., attorneys), for appellants-respondents.

Bettina B. Plevan of counsel (Robert J. Apfel and Amy F. Sandgrund on the brief; Proskauer Rose, L. L. P., attorneys), for respondents-appellants.

WILLIAMS and MAZZARELLI, JJ., concur with ROSENBERGER, J. P.; TOM, J., dissents in a separate opinion.

OPINION OF THE COURT

ROSENBERGER, J. P.

The question presented by this case is whether a real estate broker breaches its fiduciary duty to the seller by showing other sellers' apartments to a prospective purchaser. We conclude that a broker is entitled to show multiple sellers' properties to the same prospective buyer, absent any restriction to the contrary in the agreement between broker and seller.

In the summer of 1990, plaintiffs Irving and Martha...

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