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20 CLARKE PLACE REALTY CORP. v. RUDGES AND CO., INC.

96 N.Y.2d 767 (2001)

749 N.E.2d 169

725 N.Y.S.2d 600

20 CLARKE PLACE REALTY CORP., Respondent, v. RUDGES AND CO., INC., et al., Appellants.

Court of Appeals of the State of New York.

Decided March 22, 2001.

Attorney(s) appearing for the Case

Lustig & Brown, L. L. P., New York City (Debra Miller Krebs and William C. Kelly of counsel), for appellants.

Victor Mevorah, P. C., Garden City, for respondent.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, by dismissing the negligence and breach of fiduciary duty causes of action, and otherwise affirmed (see, Chase Scientific Research v NIA Group, 96 N.Y.2d 20 [decided today]). The certified question should be answered in the negative. Defendants argue, without opposition, that these causes of action—even...

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