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GEORGIA MALONE & CO v. RIEDER

No. 132.

19 N.Y.3d 511 (2012)

2012 NY Slip Op 5200

GEORGIA MALONE & COMPANY, INC., Appellant, v. RALPH RIEDER et al., Defendants, and ROSEWOOD REALTY GROUP, INC., et al., Respondents.

Court of Appeals of New York.

Decided June 28, 2012.

Attorney(s) appearing for the Case

Adam Leitman Bailey, P.C., New York City ( Jeffrey R. Metz and Courtney Killelea of counsel), for appellant.

Westerman Ball Ederer Miller & Sharfstein, LLP, Uniondale ( Jeffrey A. Miller of counsel), for respondents.

Judges CIPARICK, READ, SMITH and JONES concur with Judge GRAFFEO; Chief Judge LIPPMAN dissents in a separate opinion in which Judge PIGOTT concurs.

OPINION OF THE COURT

GRAFFEO, J.

In this action, a real estate company that prepared due diligence reports for a developer in connection with the potential purchase of commercial properties alleges that a rival brokerage firm was unjustly enriched when it acquired the materials from the developer and later obtained a commission on the ultimate sale of the properties. The issue before us is whether a sufficient...

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