Legal Opinion

Stowell v. Cuomo

New York Court of Appeals

Decided February 17, 1981PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Gabrielli, J.

The issue for our determination is whether the Secretary of State has jurisdiction to discipline a real estate broker for alleged untrustworthiness, based solely upon disputed allegations that the broker was attempting to make improper deductions for certain expenses from the earnings of his employees. Inasmuch as the facts of this case point to the existence of a simple contractual dispute between broker and salesman, having no demonstrable impact upon the public at large, the Secretary of State had no authority under the appropriate statute to impose…

2Cases cited5 opinions

  1. Gold v. LomenzoNew York Court of Appeals · 1972
  2. Chiaino v. LomenzoAppellate Division of the Supreme Court of the State of New York · 1966
  3. Clair v. Kall & Kall, Inc.Nassau County District Court · 1960
  4. Killion v. WolffSuffolk County District Court · 1966
  5. Vincent v. Department of StateAppellate Division of the Supreme Court of the State of New York · 1972

3Cited by11 opinions

  1. Bowley Associates, Ltd. v. State of New York Insurance DepartmentAppellate Division of the Supreme Court of the State of New York · 1984
  2. In Re Roberts Real Estate, Inc.New York Court of Appeals · 1992
  3. Eich v. ShafferAppellate Division of the Supreme Court of the State of New York · 1988
  4. Rustine v. PattersonAppellate Division of the Supreme Court of the State of New York · 1981
  5. Al-Co Properties, Inc. v. Department of StateAppellate Division of the Supreme Court of the State of New York · 1982

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