Matter of Fitzsimons v. Dep't of State
Cases that cite this one
2 later published cases cite this decision.
- Committee on Legal Ethics of the West Virginia State Bar v. Douglas (W. Va. 1988)
- Hilpl v. Paterson (Appellate Division of the Supreme Court of New York 1982)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.