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RIVKIN v. CENTURY 21 TERAN

10 N.Y.3d 344 (2008)

887 N.E.2d 1113

858 N.Y.S.2d 55

OLEG RIVKIN, Appellant, v. CENTURY 21 TERAN REALTY LLC et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided April 24, 2008.

Attorney(s) appearing for the Case

Robert J. Tolchin, New York City, for appellant.

Hiscock & Barclay, LLP, Albany (William A. Hurst and Stephen H. Volkheimer of counsel), for respondents.

Law Offices of Michael T. Wallender, Albany (Michael T. Wallender of counsel), for New York State Association of REALTORS, Inc., amicus curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

READ, J.

The United States Court of Appeals for the Second Circuit has certified a question that calls upon us to explore the scope of the fiduciary duty owed by buyer's agents affiliated with a real estate brokerage firm when their principals bid on the same property. We begin with the facts, which are substantially undisputed.

I.

On May 24 or 25, 2004, Oleg Rivkin...

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