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SAMUEL J. PLUMERI REALTY v. CAPITAL PLACE

101 N.J. 13 (1985)

499 A.2d 1356

SAMUEL J. PLUMERI REALTY COMPANY, INC., A CORPORATION, PLAINTIFF-RESPONDENT, v. CAPITAL PLACE URBAN RENEWAL ASSOCIATES, INC., A CORPORATION; EUGENE M. GRANT AND S. PIERRE BONAN, T/A CAPITAL PLACE URBAN RENEWAL ASSOCIATES, DEFENDANTS, AND STATE OF NEW JERSEY, DEFENDANT AND THIRD-PARTY CROSS-CLAIMANT-APPELLANT, v. CAPITAL PLACE URBAN RENEWAL ASSOCIATES, THIRD-PARTY DEFENDANT ON THE CROSSCLAIM.

The Supreme Court of New Jersey.

Decided October 21, 1985.

Attorney(s) appearing for the Case

Eugene J. Sullivan, Assistant Attorney General, argued the cause for appellant (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Eugene J. Sullivan and Robert T. Lawless, on the brief).

Lewis J. Pepperman argued the cause for respondent (Stark and Stark, attorneys).

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

This case arises out of an agreement by a developer to pay a commission to a real estate broker for procuring a lease with the State of New Jersey (the State) for a new office building. The narrow question is whether the agreement violates N.J.S.A. 52:34-15, which proscribes retaining persons on a commission basis "except bona fide employees or bona fide established commercial or selling agencies maintained...

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