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Matter of Arrington v. Lomenzo

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1976
51 A.D.2d 743 (N.Y. App. Div. 1976)

Opinion

February 9, 1976


Proceeding pursuant to CPLR article 78 to review a determination of the Acting Secretary of State of the State of New York, dated February 18, 1974, which, after a hearing, and upon a finding that petitioner had demonstrated untrustworthiness, (1) revoked his real estate broker's license and (2) conditioned any future application for such a license upon proof that petitioner had applied a certain broker's commission to the reduction of a certain mortgage debt. Determination annulled, on the law, with costs, and charge dismissed. The record is totally devoid of any credible proof to substantiate the charge that petitioner demonstrated untrustworthiness in violation of section 441-c Real Prop. of the Real Property Law. The misstatement of income by the purchaser was contrived by him without any complicity therein by the petitioner. Nor was petitioner responsible for the employer's failure to transmit the verification of employment form directly to the prospective mortgagee, since petitioner had nothing to do with it. As to the indemnity provision, there is no proof that the mortgagee or the Federal Housing Administration suffered any damage, or made any claim for same; nor is it apparent how or why a payment could or should be made to reduce a mortgage which has already been foreclosed. Gulotta, P.J., Latham, Margett, Damiani and Christ, JJ., concur.


Summaries of

Matter of Arrington v. Lomenzo

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1976
51 A.D.2d 743 (N.Y. App. Div. 1976)
Case details for

Matter of Arrington v. Lomenzo

Case Details

Full title:In the Matter of DAVID ARRINGTON, as Representative Broker of Available…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 9, 1976

Citations

51 A.D.2d 743 (N.Y. App. Div. 1976)

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