The accused, Patricia Cliff, was Senior Vice President of Douglas Elliman. Under a written agreement of 3 August 1989, Cliff had the exclusive listing for the sale of the Roderick apartment, which it acted as exclusive to the seller. The Roderick`s apartment was on the 36th floor of the same building as the applicants (the applicants were on the 37th). Although the original offer price was $US 1,395,000, it was later reduced so that the offer price was $995,000 in the fall of 1990. Arlene Wander, an agent at Sulzberger-Rolfe, another broker, had represented the Tams in 1990. Sulzberger-Rolfe was acquired by the accused in October 1990, and Wander sent the Tams back to Cliff. The defendants sought a summary judgment to dismiss the action on the basis that they did not owe a fiduciary duty to the applicants because they were merely cooperating brokers representing the buyer.