Legal Opinion

Goldstein v. Department of State

Appellate Division of the Supreme Court of the State of New York

Decided November 14, 1988PublishedCited by 9 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the Secretary of State, dated March 17, 1987, which after a hearing, found that the petitioners demonstrated untrustworthiness as real estate brokers and imposed a penalty.

*464Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

A broker may not buy from his principal without full and frank disclosure (see, 19 NYCRR 175.4; Matter of Grant Realty v Cuomo, 58 AD2d 251; see also, 11 NY Jur 2d, Brokers, § 35, at 380-381). There is substantial evidence in the record to support the…

2Cases cited4 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Gold v. LomenzoNew York Court of Appeals · 1972
  3. L. A. Grant Realty, Inc. v. CuomoAppellate Division of the Supreme Court of the State of New York · 1977
  4. Hasbrouck v. RymkevitchAppellate Division of the Supreme Court of the State of New York · 1966

3Cited by9 opinions

  1. Coldwell Banker Residential Real Estate v. BernerAppellate Division of the Supreme Court of the State of New York · 1994
  2. Lyons v. Menoudakos & Menoudakos, P.C.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Yellot v. PoritzkyAppellate Division of the Supreme Court of the State of New York · 1991
  4. Douglas Holly, Inc. v. RiceAppellate Division of the Supreme Court of the State of New York · 1990
  5. Queens Structure Corp. v. Jay Lawrence Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2003

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