SMITH v. LOMENZO


33 A.D.2d 874 (1969)

Richard E. Smith, Sr., Petitioner, v. John P. Lomenzo, as Secretary of State, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 4, 1969


Determination unanimously annulled, with $50 costs.

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...

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