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RIVKIN v. CENTURY 21 TERAN REALTY LLC

No. 05-6566-cv.

494 F.3d 99 (2007)

Oleg RIVKIN, Plaintiff-Appellant, v. CENTURY 21 TERAN REALTY LLC, Andrew Peck, Chloe Dresser and Joshua Luborsky, Defendants-Appellees, Susan Martin and Robert Martin, Defendants.

United States Court of Appeals, Second Circuit.

Decided: July 12, 2007.

Attorney(s) appearing for the Case

Robert J. Tolchin, New York, NY, for Plaintiff-Appellant.

Stephen H. Volkheimer, Hiscock & Barclay, LLP, Albany, NY, for Defendants-Appellees.

Before: FEINBERG, SOTOMAYOR, and KATZMANN, Circuit Judges.

FEINBERG, Circuit Judge:

Plaintiff-Appellant Oleg Rivkin appeals from an oral decision and order of the United States District Court for the Northern District of New York (Sharpe, J.) granting Defendants-Appellees' motion for summary judgment and dismissing Rivkin's complaint. This case raises a significant issue of New York law regarding the nature of the fiduciary duty a real estate buyer's agent owes to the buyer (sometimes referred to hereafter as the "principal...

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