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BENJAMIN v. AUSTIN

34 A.D.3d 91 (2006)

823 N.Y.S.2d 79

BENJAMIN OF FOREST HILLS REALTY, INC., Respondent, v. AUSTIN SHEPPARD REALTY, INC., et al., Appellants.

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

September 19, 2006.

Attorney(s) appearing for the Case

Allen H. Weiss, Lake Success, for Austin Sheppard Realty, Inc., appellant.

Milber Makris Plousadis & Seiden, LLP, White Plains (Andrew F. Pisanelli and Lorin A. Donnelly of counsel), for Alan Shapiro and others, appellants.

Moshell & Moshell, Jericho (Jonathan B. Schwartzman of counsel), for respondent.

SCHMIDT, J.P., CRANE and SPOLZINO, JJ., concur.

OPINION OF THE COURT

SANTUCCI, J.

In this case we are called upon to decide whether the practice of a cooperative building which, in effect, allows purchases of its shares only through one specific real estate broker, constitutes a violation of General Business Law § 340 et seq. Under the circumstances of this case, we conclude that it does not.

The plaintiff Benjamin of Forest Hills Realty, Inc., and the defendant Austin Sheppard Realty...

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