Goldberg v Torim

Holding The Appellate Division modified the lower court’s order to deny defendants’ motions for summary judgment except as to the direct cause of action for conversion against Leah Torim, finding that issues of fact precluded summary judgment on tax estoppel and vicarious liability claims. The court affirmed the dismissal of the breach of fiduciary duty claim but reversed the dismissal of the conversion claim due to triable issues regarding the plaintiff’s possessory interest in the proceeds.

The court’s words

whether defendants are estopped from denying that plaintiff was the owner of the property cannot be decided on summary judgment

2026 NY Slip Op 05721, at the official text

The parties' personal relationship alone does not give rise to a fiduciary relationship, especially given that plaintiff admitted that Shloime did not act as plaintiff's real estate broker

2026 NY Slip Op 05721, at the official text

Plaintiff therefore raised an issue of fact as to whether the funds allegedly taken are sufficiently identifiable and whether he has a possessory interest in the proceeds of the sale made with his funds for his benefit

2026 NY Slip Op 05721, at the official text

issues of fact as to Leah's role in the transactions, including her ownership of 49 Saddle and the entity that received the proceeds of the sale, preclude summary judgment as to the vicarious liability causes of action against her

2026 NY Slip Op 05721, at the official text