Democratic consulting firm Global Strategy Group, California lobbying shop Platinum Advisors, GKM Newport Generation Capital Services, LLC, and
unlicensed placement
agent Kevin McCabe also
signed pacts.
128 DOS 93 Matter of DOS v. Vuksanaj - motion to conform pleadings to proof granted where (i) additional evidence wouldn't have been presented if the charge had been stated in the complaint and (ii) issue was actually litigated and was within the «broad framework of the pleadings»; broker's authorization to execute lease on behalf of landlord must be in writing to be valid (G.O.L. § 5 - 703); no commission earned on void lease (due to lack of written authority for broker to
sign for landlord); broker is undisclosed «double
agent» - thus «fails to make clear» for which party he is acting (NYCRR 175.7); broker is not «managing
agent» under NYC Rent Stabilization Code unless (i) broker has ownership or financial interest in property or (ii) performs managerial duties; separate escrow account (§ 175.1) not required when broker is not holding escrowed funds; holding funds overnight does not trigger requirement for escrow account (returned next day upon demand);
unlicensed name used in commission agreement but lack of intent to mislead considered in mitigation; restitution of unearned commission