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Matter of Kunst v. Department of State

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 1973
41 A.D.2d 686 (N.Y. App. Div. 1973)

Opinion

February 16, 1973

Appeal from the Onondaga Special Term.

Present — Goldman, P.J., Marsh, Moule, Cardamone and Simons, JJ.


Petition granted and determination unanimously annulled with costs. Memorandum: The petitioner's license as a real estate broker has been revoked pursuant to section 442-c Real Prop. of the Real Property Law based upon evidence that his salesman, Frawley, violated the rules of the Department of State ( 19 NYCRR 175.8) by selling property subject to the exclusive listing contract of another broker. The evidence contained in the record does not support a finding that petitioner had actual knowledge of Frawley's misconduct and no other finding was made by the hearing officer which would impose responsibility upon petitioner for his salesman's misconduct under the statute.


Summaries of

Matter of Kunst v. Department of State

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 1973
41 A.D.2d 686 (N.Y. App. Div. 1973)
Case details for

Matter of Kunst v. Department of State

Case Details

Full title:In the Matter of JOHN KUNST, Petitioner, v. DEPARTMENT OF STATE OF THE…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 16, 1973

Citations

41 A.D.2d 686 (N.Y. App. Div. 1973)

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