40 Misc. 2d 425 | N.Y. Sup. Ct. | 1963
In this action to prevent the defendant Ralph Fagin from continuing to manage a parcel of real property improved with a 40-family multiple dwelling and for an accounting, plaintiffs request a temporary injunction restraining him from managing this property.
Defendant Ralph Fagin is the husband of defendant Pearl Fagin and the son-in-law of defendant Becky Boris, each of whom owns an undivided one-quarter interest in this property. Plaintiff Mildred Steinhubl is the daughter-in-law of Becky Boris. The remaining plaintiffs are Mildred Steinhubl’s daughter Judy Boris, and her parents Samuel and Hannah Seider. Plaintiffs own the remaining one-half interest in this property in varying degrees as tenants in common. Plaintiffs urge that this defendant cannot manage the property since he is not a licensed real estate broker. Section 440 of the Real Property Law states in part as follows: ‘ ‘ Whenever used in this article ‘ real estate broker ’ means any person, firm or corporation, who, for another and for a fee, commission or other valuable consideration, lists for sale, sells, at auction or otherwise, exchanges, buys or rents, or offers or attempts to negotiate a sale, at auction or otherwise, exchange, purchase or rental of an estate or interest in
