2 Park Avenue Associates v. Cross & Brown Co.

McGivern, J. P.

The question for decision goes to the scope of subdivision 3 of section 442-e of article 12-A of the Real Property Law.

Article 12-A of the Real Property Law deals with the license requirements, qualifications, regulations and procedures relative to real estate brokers and salesmen. And its principal aim seems to be the interdiction of acting and receiving commissions by real estate brokers who do not have a license. Subdivision 3 of section 442-e provides that “ any person aggrieved ” may seek a penalty from the unauthorized malefactor, the penalty ranging from the unlawful sum…