Carter Ledyard has secured a decisive victory for its clients in a commercial real estate dispute involving broker fraud and breach of fiduciary duty. In a January 29, 2026 decision, Kings County Supreme Court Justice Peter P. Sweeney granted summary judgment in favor of Carter Ledyard’s clients, dismissing the plaintiff broker’s complaint in its entirety and awarding defendants $200,000 in damages.
The case, Atlas Realty Group Partners LLC v. Mark Caller, Kings County Index No. 502095/2024, arose from the sale of commercial property in Far Rockaway, New York. The broker sued Carter Ledyard’s developer client, the seller, seeking a $192,000 broker’s commission.
Carter Ledyard successfully demonstrated that Atlas breached its fiduciary duties by concealing that it received a written offer of $5 million from the buyer but told the seller that $4.8 million was the highest offer available. Atlas then entered a separate agreement with the buyer to collect an additional $200,000 commission—effectively “double-dipping” by capturing the spread between the buyer’s actual offer and the price conveyed to the seller. The court held that where a broker breaches the duty of undivided loyalty, the broker forfeits its right to a commission and the amount of the undisclosed commission it received from the buyer.
Carter Ledyard’s motion for summary judgment resulted in (i) dismissal of the plaintiff’s complaint seeking $192,000 in broker’s fees, and (ii) summary judgment on defendants’ counterclaims for breach of fiduciary duty, fraudulent concealment, and fraud, for which the Court awarded damages of $200,000.
Carter Ledyard partner Jacob H. Nemon represented the defendants/counterclaim plaintiffs in the litigation.