MATTER OF SCHWARTZ v. DEP'T OF STATE OF THE STATE OF NEW YORK


43 A.D.2d 826 (1974)

In the Matter of Hyman J. Schwartz, Petitioner, v. Department of State of the State of New York, Respondent

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

January 28, 1974


Petitioner was hired by a landlord to rent an apartment. Pursuant to the terms of the agreement petitioner's fee would have to be paid by the tenant. A prospective tenant consulted petitioner and he advised her of the rent and that she would have to pay a rental fee to the broker. The tenant paid that fee, in addition to the first month's rent. Apparently the tenant mistook the petitioner for the landlord. However, there is no question but that she understood she was paying...

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