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NRT NEW ENGLAND, INC. v. MONCURE

No. 09-P-1815.

78 Mass. App. Ct. 397 (2010)

NRT NEW ENGLAND, INC. v. ASHBY C. MONCURE.

Appeals Court of Massachusetts, Middlesex.

December 6, 2010.

Attorney(s) appearing for the Case

Richard P. McClure for the plaintiff.

Bruce D. Berns for the defendant.

Present: KANTROWITZ, COHEN, & VUONO, JJ.

VUONO, J.

This appeal concerns the scope of an escrow agent's fiduciary duties. The plaintiff, NRT New England, Inc., doing business as Coldwell Banker Residential Brokerage (Coldwell), acquired an interest in funds it held as escrow agent in connection with a failed purchase and sale agreement it brokered between the defendant seller, Ashby C. Moncure and Plain Road Co., LLC (Plain Road), a potential buyer. Thereafter...

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