Smith v. Lomenzo

Determination unanimously annulled, with $50 costs. Memorandum: Petitioner’s real estate broker’s license has been suspended under section 442-c of the Real Property Law, which imposes responsibility upon a broker for a statutory violation by a salesman if the broker has actual knowledge of the violation or retains the benefits, profits or proceeds of a transaction wrongfully negotiated by his salesman after notice of the salesman’s misconduct. The hearing officer made a finding that actual knowledge by petitioner of his salesman’s wrongdoing had not been established. Although there was a…