Reiser, Inc. v. Roberts Real Estate (292 A.D. 2d 726)--
claims that broker breached listing agreement based on extrinsic evidence can not survive the
explicit language
of the listing agreement granting to broker «full discretion to determine the appropriate marking approach» for the listed properties; broker establishes its entitlement to commission under the listing agreements by introducing uncontroverted evidence that three properties sold as a result
of broker's efforts while the listing agreements where in effect; owner's
claims of breach
of fiduciary duty fail where owner, builder / developer, did not list all
of its properties with broker as broker's duty is limited to protecting its principal's interest only with respect to properties which have been listed with the broker; broker's duty to refrain from taking action adverse to its principal's interests is necessarily tied to the transaction that formed the agency relationship; owner's
claim of fraud in the inducement under one
of two listing agreements survives motion for summary judgment