Is there any case law in which a defendant has been found to be in breach of a fiduciary obligation?

"New York", United States of America

The following excerpt is from Fuchsberg, Matter of, 426 N.Y.S.2d 639 (N.Y. Ct. Jud. 1978):

The majority note that in Sgaglione v. Levitt, 37 N.Y.2d 507, 375 N.Y.S.2d 79, 337 N.E.2d 592 respondent voted against his apparent interest. That assumes that his participation in the case was with foreknowledge of his vote. Even so, the result does not alter the manifest impropriety of his participation in a case which would

Page 663

Then there were the Wein cases.

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