Opinion

Mandelblatt v. Devon Stores, Inc.

  • 132 A.D.2d 162
  • 521 N.Y.S.2d 672
  • 1987 N.Y. App. Div. LEXIS 49527
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Dec 8, 1987
Status
Published
Author
Kupferman
On the bench
Kupferman, Rosenberger
Cited by
138 cases
Authority
More cited than 1.7%

noting that a “fiduciary relation exists between two persons when one of them is under a duty to act for or to give advice for the benefit of another upon matters within the scope of the relation” (quoting Restatement (Second) of Torts § 874 cmt. a)

How later courts described this case

  • noting that a “fiduciary relation exists between two persons when one of them is under a duty to act for or to give advice for the benefit of another upon matters within the scope of the relation” (quoting Restatement (Second) of Torts § 874 cmt. a)
  • stating that acts of interference, if lawful, must be motivated solely by "malice or ill-will and exceed the bounds of legitimate, robust competition”
  • fiduciary relationship arises where one person "is under a duty to act for or to give advice for the benefit of another upon matters within the scope of the relation”
  • claim that consultant employed by defendant injured corporation’s business opportunity when he was under duty, as highly paid consultant, to act for corporation’s benefit, stated claim for breach of fiduciary duty

Written by the judges who cited it.

The opinion

Kupferman, J. P. (dissenting in part).

While I concur to the effect that the motion for leave to amend the answer to assert counterclaims should have been granted, I see no reason to deny partial summary judgment to the plaintiff.

Paragraph 8 (b) of the agreement of July 26, 1985 between Pantry Pride, Inc., and the plaintiff provided for the payment in the event of "Discharge for Cause”. While perhaps we might stay entry of the judgment (see, e.g., Stigwood Org. v Devon Co., 44 NY2d 922 ; Dalminter, Inc. v Dalmine, S.p.A., 29 AD2d 852, 853 , affd 23 NY2d 653 ), that does not mean we should deny the plaintiff’s motion.

Sullivan, Carro and Milonas, JJ., concur with Rosenberger, J.; Kupferman, J. P., dissents in part in an opinion.

Order, Supreme Court, New York County, entered on May 28, 1987, and judgment of said court, entered on June 4, 1987, reversed, on the law, to grant appellants leave to amend their answer to assert counterclaims for breach of contract, breach of fiduciary duty and intentional interference with prospective economic advantage, and to deny the motion for partial summary judgment, and the aforesaid judgment vacated, without costs and without disbursements.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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