152 Conn.App. 544
Conn. App. Ct.2014Background
- 2 National Place, LLC sues Greene Law, P.C. and Michael D. Reiner for breach of fiduciary duty, statutory theft under § 52-564, and unjust enrichment.
- Reiner previously worked at Reiner, Reiner & Bendett, P.C.; he later joined Greene Law, and continued providing legal services to the plaintiff.
- At closing of the Danbury property sale, $293,750 was disbursed from the seller’s funds in an IOLTA; $195,000 was paid to the plaintiff and $98,750 to Reiner, allegedly without plaintiff’s knowledge.
- HUD-1 settlement statement identified $98,750 as attorney’s fees payable to Reiner; Greene asserts funds disbursed per HUD-1 terms and that Greene did not charge fees.
- Plaintiff contends Greene breached fiduciary duties by relying on HUD-1 without obtaining plaintiff’s explicit permission and by not accounting for funds to Reiner.
- Trial court granted summary judgment for Greene on liability for breach of fiduciary duty, statutory theft, and unjust enrichment; Reiner’s liability was unresolved at trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Greene breach fiduciary duty as a matter of law? | Levesque trusted Reiner; Greene failed to act fairly. | Greene relied on HUD-1 terms; no duty breached; no advantage to defendant. | No breach; summary judgment for Greene affirmed. |
| Can Greene be liable for statutory theft and unjust enrichment of Reiner? | Greene’s control or benefit over funds implied liability. | Reiner acted outside Greene's scope; no causation or benefit to Greene. | No vicarious liability; summary judgment affirmed for Greene. |
Key Cases Cited
- Fidelity Bank v. Krenisky, 72 Conn. App. 700 (2002) (summary judgment standards for pleadings and affidavits)
- Iacurci v. Sax, 139 Conn. App. 386 (2012) (fiduciary duty elements and fair dealing standard)
- Barber v. Skip Barber Racing School, LLC, 106 Conn. App. 59 (2008) (clear and convincing evidence standard for fair dealing)
- Konover Development Corp. v. Zeller, 228 Conn. 206 (1994) (duty to deal fairly; loyalty and honesty in fiduciary duty)
- Cammarota v. Guerrera, 148 Conn. App. 743 (2014) (professional negligence vs fiduciary duty; breadth of duty)
- Brown v. Housing Authority, 23 Conn. App. 624 (1990) (scope of employment related to acts; course-of-employment concept)
- Harp v. King, 266 Conn. 747 (2003) (scope of employment and disobedient conduct in respondeat superior)
- Farrell v. Twenty-First Century Ins. Co., 301 Conn. 657 (2011) (summary judgment standard and evidence evaluation)