Legal Opinion

Benjamin of Forest Hills Realty, Inc. v. Austin Sheppard Realty, Inc.

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

Decided September 19, 2006PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Santucci, J.

In this case we are called upon to decide whether the practice of a cooperative building which, in effect, allows purchases of its shares only through one specific real estate broker, constitutes a violation of General Business Law § 340 et seq. Under the circumstances of this case, we conclude that it does not.

The plaintiff Benjamin of Forest Hills Realty, Inc., and the defendant Austin Sheppard Realty, Inc. (hereinafter Austin Sheppard), are licensed real estate brokers located in Forest Hills, Queens. The defendant 108-46 70th Road Owners, Inc., is a…

2Cases cited20 opinions

  1. Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.Supreme Court of the United States · 1977
  2. Brown Shoe Co. v. United StatesSupreme Court of the United States · 1962
  3. State v. Mobil Oil Corp.New York Court of Appeals · 1976
  4. Re-Alco Industries, Inc. v. National Center for Health Education, Inc.District Court, S.D. New York · 1993
  5. Sands v. Ticketmaster-New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

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3Cited by15 opinions

  1. In Re Wellbutrin XL Antitrust Litigation Indirect Purchaser ClassCourt of Appeals for the Third Circuit · 2017
  2. City of New York v. Group Health Inc.Court of Appeals for the Second Circuit · 2011
  3. Naples v. StefanelliDistrict Court, E.D. New York · 2013
  4. National Gear & Piston, Inc. v. Cummins Power Systems, LLCDistrict Court, S.D. New York · 2012
  5. Shaw v. Club Managers Ass'n of America, Inc.Appellate Division of the Supreme Court of the State of New York · 2011

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