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Chester Color Separations v. Trefoil Capital

Appellate Division of the Supreme Court of New York, First Department
Dec 12, 1995
222 A.D.2d 276 (N.Y. App. Div. 1995)

Opinion

December 12, 1995

Appeal from the Supreme Court, New York County (Myriam Altman, J.).


The parties' debtor-creditor relationship was based upon arm's length transactions, including the mortgaging of real property. Defendants never occupied the kind of position of trust with plaintiffs that would create a fiduciary relationship between them ( see, American Bank Trust Co. v Lichtenstein, 48 A.D.2d 790, 791, affd 39 N.Y.2d 857; Banque Nationale v 1567 Broadway Ownership Assocs., 214 A.D.2d 359). Therefore, the allegations, as pleaded in the complaint, failed to state a cause of action for breach of fiduciary duty.

Concur — Ellerin, J.P., Rubin, Nardelli, Williams and Mazzarelli, JJ.


Summaries of

Chester Color Separations v. Trefoil Capital

Appellate Division of the Supreme Court of New York, First Department
Dec 12, 1995
222 A.D.2d 276 (N.Y. App. Div. 1995)
Case details for

Chester Color Separations v. Trefoil Capital

Case Details

Full title:CHESTER COLOR SEPARATIONS, INC., et al., Appellants, v. TREFOIL CAPITAL…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 12, 1995

Citations

222 A.D.2d 276 (N.Y. App. Div. 1995)
636 N.Y.S.2d 613

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