Facts

Plaintiff Timothy Robbins and defendant Marianne Alyea were acquaintances. Robbins owned a number of rental properties and at some point an arrangement was made whereby Alyea would help Robbins manage the properties including depositing checks into a bank account for the purpose of helping to maintain tenants in the property and various other matters. The precise terms of the agreement were vague; nothing was in writing and the parties proceeded to operate under this understanding for a number of years.
In approximately 2016, Robbins asked Alyea for an accounting. As none was forthcoming, the lawsuit ensued.

PLAINTIFF'S CONTENTIONS: Alyea, unbeknownst to Robbins, deposited his tenant checks and third party checks payable or intended for him, into her personal bank accounts and misappropriated these proceeds. Alyea held herself as Robbins' property manager and, over the years, was able to gain Robbins' trust, thus permitting her to carry out the embezzlement.

DEFENDANT'S CONTENTIONS Robbins owed money to Alyea for her services. Further, Robbins was aware that Alyea used her personal account to transfer therein proceeds belonging to Robbins. Alyea used such proceeds to pay expenses and vendors on Robbins' behalf.

Result

Bench decision judgment for Robbins in the amount of $500,000

Length

Three days