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Matter of Fitzsimons v. Dep't of State

272 N.E.2d 337, 28 N.Y.2d 979, 323 N.Y.S.2d 837, 1971 N.Y. LEXIS 1278
CourtNew York Court of Appeals
DecidedMay 26, 1971
StatusPublished
Cited by2 cases

This text of 272 N.E.2d 337 (Matter of Fitzsimons v. Dep't of State) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Fitzsimons v. Dep't of State, 272 N.E.2d 337, 28 N.Y.2d 979, 323 N.Y.S.2d 837, 1971 N.Y. LEXIS 1278 (N.Y. 1971).

Opinion

Order reversed, without costs, and the determination of respondent annulled in the following memorandum: Petitioner procured the eventual buyer prior to the inception of the exclusive agreement with the complaining broker and consummated the sale after its expiration. In the interim, during the exclusive period, there was no proof of actual interference with any prospective purchaser obtained by complainant and the proof is insubstantial with respect to his conduct during that period to give rise to a charge of “untrustworthiness ” under section 441-c of the Real Property Law (Matter of Chiano v. Lomenzo, 26 A D 2d 469).

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Gibson. Judge Jasen dissents and votes to affirm on the opinion at the Appellate Division.

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Bluebook (online)
272 N.E.2d 337, 28 N.Y.2d 979, 323 N.Y.S.2d 837, 1971 N.Y. LEXIS 1278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-fitzsimons-v-dept-of-state-ny-1971.