MATTER OF BRENNAN v. CUOMO


69 A.D.2d 881 (1979)

In the Matter of William T. Brennan, as Representative Broker of Mentone Realty Co., Petitioner, v. Mario M. Cuomo, as Secretary of State of The State of New York, Respondent

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

April 23, 1979


Determination confirmed insofar as reviewed and proceeding dismissed on the merits, with costs.

We find that petitioner's insistence on a commission of $4,500 constituted untrustworthiness (see Real Property Law, § 441-c). The $4,500 commission included the payment of discount points to procure a mortgage and a commission of 7% on the house sale. When it became unnecessary for the points to be paid, petitioner should not have insisted upon payment of $4,500 but...

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