MATTER OF ARCHIE SCHWARTZ CO. v. LOMENZO


34 N.Y.2d 849 (1974)

In the Matter of Archie Schwartz Company et al., Respondents, v. John P. Lomenzo, as Secretary of State of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided June 19, 1974.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Robert S. Hammer, Samuel A. Hirshowitz and Gene B. Mechanic of counsel), for appellant.

Arthur Brooks for respondents.

Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and RABIN. Judge JASEN dissents and votes to reverse in the following opinion. Taking no part: Judge STEVENS.


Judgment affirmed, with costs and disbursements to appellant Secretary of State, on the opinion at the Appellate Division.

JASEN, J. (dissenting).

Petitioner, Archie Schwartz Company, is a real estate brokerage firm incorporated and licensed in New Jersey. Petitioner, Elmer Schwartz, the company's president, holds a nonresident real estate broker's license, issued by the New York Department of State...

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