Miller v. Bryce Real
Estate (198 A.D. 2d 589) summary judgment properly
denied prior to discovery against brokerage firm and purchaser for non-disclosure and fraudulent acts where property promptly relisted and sold at profit; no course of action for quadruple damages under RPL § 442 - e (3) as broker was
licensed; sanctions awarded for frivolous litigation practices.
7 DOS 00 DOS v. Flagship Marketing Group - availing of
license; failure to cooperate with DOS investigation; jurisdiction; proper business practices; ex parte hearing may proceed upon proof of proper service; DOS retains jurisdiction over party not
licensed at the time of the hearing where, at that time the complaint was served, the party was (i)
licensed, (ii) an applicant for a
license or renewal, or (iii) was eligible to automatically renew; salesperson is prohibited both from owning, directly or indirectly, singly or jointly, any shares of voting stock in and from being an officer of any
licensed real
estate brokerage corporation with which the salesperson is associated; representative real
estate broker availed the corporate broker
license to an associated salesperson where the office was operated by the salesperson without the direct supervision of the representative broker and the salesperson conducted business as a broker for his own benefit; representative real
estate broker engaged in fraud by availing the corporate real
estate broker
license to a salesperson; representative broker's availing of corporate broker's
license for which the corporate broker is vicariously liable; failure to provide business records constitutes failure to cooperate with DOS investigation; DOS fails to establish fraud, ignorance or negligence is not sufficient to prove mistake; pressure, regardless of how severe, is not undue influence; restitution
denied where funds sought were received by an entity not named or charged in the complaint; corporate broker fined $ 3,000.00, representative broker's
license revoked and fined $ 3,000.00 and salesperson fined $ 5,000.00