SONNENSCHEIN v. DOUGLAS


96 N.Y.2d 369 (2001)

753 N.E.2d 857

729 N.Y.S.2d 62

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

Court of Appeals of the State of New York.

Decided July 2, 2001.


Attorney(s) appearing for the Case

Hopper Law Firm, P. C., New York City (Donald A. Hopper of counsel), for appellants.

Proskauer Rose, L. L. P., New York City (Bettina B. Plevan, Amy F. Sandgrund and Grant Dawson of counsel), and Robert J. Apfel for respondents.

Carb, Luria, Cook & Kufeld, L. L. P., New York City (James E. Schwartz and Carol W. Duffy of counsel), for Real Estate Board of New York, Inc., amicus curiae.

Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur; Chief Judge KAYE taking no part.


OPINION OF THE COURT

GRAFFEO, J.

Once oral negotiations have commenced between a seller and a potential purchaser concerning a real estate transaction, does the brokerage firm that produced the potential purchaser owe the seller a duty to refrain from showing the potential purchaser additional properties? We hold that it does not.

Plaintiffs Irving and Martha Sonnenschein purchased a condominium apartment...

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