Legal Opinion

2 Park Avenue Associates v. Cross & Brown Co.

New York Court of Appeals

Decided March 26, 1975PublishedCited by 10 opinions

1Opinion of the CourtFuchsberg, J.

The issue is whether the civil penalty provision of subdivision 3 of section 442-e of the Real Property Law for violations of article 12-A of that law applies to licensed as well as unlicensed brokerage and salesman activity.

This is an appeal from an order of the Appellate Division granting defendants’ CPLR 3211 (subd [a], par 7) motion to dismiss the seventh claim of the complaint for failure to state a cause of action. The complaint alleges that defendant Cross & Brown was plaintiffs managing and leasing agent for a large office building at 2 Park Avenue, New York City. It goes on to assert…

2Cases cited8 opinions

  1. Matter of Sullivan Co., Inc.New York Court of Appeals · 1942
  2. Galbreath-Ruffin Corp. v. 40th & 3rd Corp.New York Court of Appeals · 1967
  3. Meyer v. SteinNew York Supreme Court · 1935
  4. Julien J. Studley, Inc. v. GeisingerNew York Supreme Court · 1958
  5. Meyer v. SteinAppellate Division of the Supreme Court of the State of New York · 1936

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3Cited by10 opinions

  1. In Re Roberts Real Estate, Inc.New York Court of Appeals · 1992
  2. NFS Services, Inc. v. West 73rd Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1984
  3. Arash Real Estate & Management Co. v. New York City Department of Consumer AffairsAppellate Division of the Supreme Court of the State of New York · 2017
  4. Lansco Corp. v. Strike Holdings LLCAppellate Division of the Supreme Court of the State of New York · 2011
  5. Hahn v. Stone House Props. LLCAppellate Division of the Supreme Court of the State of New York · 2022

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