Cemetery Gardens, Inc. v. Blueweiss

Upon the theory that the defendant without first procuring a license acted as a real estate broker in the sale of land owned by the plaintiff and for which services the plaintiff paid him a commission, this plaintiff now seeks to recover a penalty of $1,000 pursuant to subdivision 3 of section 442-e of the Real Property Law.

With strict obeisance to the language used in defining a real estate broker, and relying solely upon the wording of this provision, the plaintiff asserts that the defendant, in securing purchasers of burial plots in the plaintiff’s cemetery, was selling an estate or…