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JOE O'BRIEN INVESTIGATIONS, INC. v. ZORN

263 A.D.2d 812 (1999)

694 N.Y.S.2d 216

JOE O'BRIEN INVESTIGATIONS, INC., Respondent-Appellant, v. ELAYNE ZORN, Appellant-Respondent.

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

Decided July 22, 1999.

Carpinello, J.

The question to be determined is whether oral modifications to two written agreements between plaintiff, a licensed private investigative service, and defendant, an individual who authorized plaintiff to search for her missing husband, are unenforceable because they violate 19 NYCRR 173.1 (a). In the circumstances presented, we find that the violation of this regulatory provision was malum prohibitum such that recovery on the oral modifications may...

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