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TOBIAS v. COMCO/AMERICA, INC.

96 N.J. 173 (1984)

475 A.2d 40

LILLIAN TOBIAS, AN INDIVIDUAL, T/A WAY COUNTRY PROPERTY, PLAINTIFF-APPELLANT, v. COMCO/AMERICA, INC., A NEW JERSEY CORPORATION, SMOKE RISE DEVELOPMENT CO., A NEW JERSEY CORPORATION, GEORGE BASTAMOV, AN INDIVIDUAL, ALEXANDER NEU, AN INDIVIDUAL, LAWRENCE WONG, AN INDIVIDUAL, SMOKE RISE REALTY COMPANY, A TRUST, MARK EAGLE, AN INDIVIDUAL, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 16, 1984.

Attorney(s) appearing for the Case

Richard L. Plotkin argued the cause for appellant (Pitney, Hardin, Kipp & Szuch, attorneys; Richard L. Plotkin, David F. Salvaggio and Evelyn R. Storch, on the brief).

Frederick C. Kentz, III, argued the cause for respondents Smoke Rise Realty Company and Mark Eagle (Crummy, Del Deo, Dolan & Purcell, attorneys).

Ladislas F. Feher, on behalf of respondent Alexander Neu, relied upon the brief and argument for respondents Smoke Rise Realty Company, et al.

Mark E. Wiener, on behalf of Comco/America, Inc., Smoke Rise Development Co., etc., and George Bastamov, relied upon the brief and argument for respondents Smoke Rise Realty Company, et al.

John G. D'Angelo, on behalf of Lawrence Wong, relied upon the brief and argument for respondents Smoke Rise Realty Company, et al. (D'Angelo & Clemack, attorneys).

Elise Goldblatt, Deputy Attorney General, submitted a brief on behalf of amicus curiae New Jersey Real Estate Commission (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

The opinion of the Court was delivered by POLLOCK, J.

The narrow question presented on this appeal is whether plaintiff, a licensed real estate broker, can recover a commission under N.J.S.A. 45:15-3 when the salesman in her employ, her husband, was unlicensed at the time he performed substantial services leading to the sale that is the basis for the commission.

The trial court granted defendants' motion for summary judgment dismissing the complaint...

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