Burg v. Horn

Lillian Burg and George and Max Horn (plaintiff and defendants) each owned a third of Darand Realty Corp. and served as its directors; the Horns, who had already been acquiring low-rent Brooklyn buildings before Darand existed, continued individually buying nine more buildings over the years without offering them to Darand, while the parties never agreed the Horns would present every such opportunity to the corporation. Burg sued for an accounting and to impose a constructive trust on those nine buildings as usurped corporate opportunities; the trial court granted the accounting but declined to treat the buildings as corporate opportunities, finding no agreement required the Horns to offer them to Darand and that Burg knew of at least some of the purchases.