2 PARK AVE. v. CROSS & BROWN


36 N.Y.2d 286 (1975)

2 Park Avenue Associates, Appellant, v. Cross & Brown Company et al., Respondents.

Court of Appeals of the State of New York.

Decided March 26, 1975.


Attorney(s) appearing for the Case

Harvey S. Feuerstein and Paul R. Herman for appellant.

Martin Kleinbard and Anthony M. Radice for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur.


FUCHSBERG, J.

The issue is whether the civil penalty provision of subdivision 3 of section 442-e of the Real Property Law for violations of article 12-A of that law applies to licensed as well as unlicensed brokerage and salesman activity.

This is an appeal from an order of the Appellate Division granting defendants' CPLR 3211 (subd [a], par 7) motion to dismiss the seventh claim of the complaint for...

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