BROWN HARRIS STEVENS RESIDENTIAL SALES, LLC v. OXFORD CAPITAL CORP.


306 A.D.2d 112 (2003)

759 N.Y.S.2d 876

BROWN HARRIS STEVENS RESIDENTIAL SALES, LLC, Appellant, v. OXFORD CAPITAL CORP. et al., Respondents.

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

Decided June 12, 2003.


The documents belatedly provided to defendants raised material issues of fact as to whether plaintiff paid kickbacks to an employee of defendants' parent company to influence the very transactions for which plaintiff now seeks payment of commissions, and in connection with which plaintiff owed defendant a fiduciary duty as broker, and as to whether plaintiff billed the lessee as well as defendant lessors for commissions on the subject transactions. Nondisclosure of either...

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