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Weadick v. Herlihy
New York Appellate Division
16 A.D.3d 223, 792 N.Y.S.2d 25 (2005)
- Written by Sharon Feldman, JD
Facts
Pamela Weadick and other tenants (the tenants) (plaintiffs) wanted to purchase the building they occupied. Carol Anne Herlihy (defendant), an attorney, was originally part of the group and negotiated with the seller on behalf of the tenants. At the last minute, Herlihy decided to buy a half interest in the building for herself. The tenants purchased the other half. The tenants filed an action against Herlihy, claiming that Herlihy was their fiduciary and seeking to impose a constructive trust on Herlihy’s interest in the building and compel Herlihy to convey her interest to them. Herlihy’s motion for summary judgment was denied. Herlihy appealed.
Rule of Law
Issue
Holding and Reasoning (Saxe, Ellerin, Nardelli, Sweeny, JJ.)
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