Richard E. Smith v. John P. Lomenzo Book Reviews
Richard E. Smith v. John P. Lomenzo by Supreme Court of New York Book Summary
Memorandum: Petitioner's real estate broker's license has been suspended under section 442-c of the Real Property Law, which imposes responsibility upon a broker for a statutory violation by a salesman if the broker has actual knowledge of the violation or retains the benefits, profits or proceeds of a transaction wrongfully negotiated by his salesman after notice of the salesman's misconduct. The hearing officer made a finding that actual knowledge by petitioner of his salesman's wrongdoing had not been established. Although there was a finding that petitioner had retained commissions on the rental of the premises with respect to which the alleged discrimination occurred, there was no finding that the retention was with notice of the salesman's misconduct. The record in fact is insufficient to establish that petitioner retained the benefits, profits or proceeds of a transaction wrongfully negotiated by his salesman after notice of his salesman's misconduct within the meaning of section 442-c of the Real Property Law, such that responsibility could be imposed on the broker under that section. Disposition Determination unanimously annulled, with $50 costs.
Book Name | Richard E. Smith v. John P. Lomenzo |
Genre | Law |
Author | Supreme Court of New York |
Published | 04 December 1969, Thursday |
Language | English |
E-Book Size | 59.28 KB |
Richard E. Smith v. John P. Lomenzo (Supreme Court of New York) Book Reviews 2024
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Summary of Richard E. Smith v. John P. Lomenzo by Supreme Court of New York
The Richard E. Smith v. John P. Lomenzo book written by Supreme Court of New York was published on 04 December 1969, Thursday in the Law category. A total of 172 readers of the book gave the book 0 points out of 5.
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