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ROBERTS INC v. DEPT OF STATE

80 N.Y.2d 116 (1992)

In the Matter of Roberts Real Estate, Inc., et al., Respondents, v. New York State Department of State, Division of Licensing Services, Appellant.

Court of Appeals of the State of New York.

Decided October 20, 1992.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, Albany (John McConnell, Jerry Boone and Peter H. Schiff of counsel), for appellant.

Michael T. Wallender, Albany, and Carter, Conboy, Bardwell, Case, Blackmore & Napierski, Albany, for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE and HANCOCK, JR., concur; Judge SMITH taking no part.

BELLACOSA, J.

The New York State Department of State (Department) seeks a judicial interpretation of Real Property Law § 442-c that would allow it to suspend or revoke a corporate broker's license based on interpreting "actual knowledge" to include imputed knowledge of employee-salespersons. We agree with the Appellate Division that the Department's theory and proffered interpretation of the governing words...

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