ERA Halet Realty v. Meola (198 A.D.2d 471) sanctions awarded against frivolous commission claim. Broker is not entitled to commission on sale negotiated after term of his employment; sanctions also to be awarded for frivolous appeal.

2. Miller v. Bryce Real Estate (198 A.D.2d 589) summary judgment properly denied prior to discovery against brokerage firm and purchaser for non-disclosure and fraudulent acts where property promptly relisted and sold at profit; no course of action for quadruple damages under RPL §442-e(3) as broker was licensed; sanctions awarded for frivolous litigation practices.

3. Handy v. Cohen (195 Misc. 2d 548) – RPL §442-e(3) provides that unlicensed brokers who have received funds in violation of the provisions of Article 12-A may be liable for not less than the amount received by them and not more than quadruple the amount; under extraordinary circumstances, the penal sanction of quadruple damages is appropriate to deter similar conduct in the future; defendant testified that he acted as a broker for seller and admitted that he also represented the purchaser in the transaction without informing the seller that he was the secretary of the corporate purchaser and brother to the president of the purchaser and that he might have an interest or a conflict of interest with respect to negotiating the purchase price of the home and the transaction; defendant admitted that he negotiated against his seller client; the Department of State has the power to suspend and/or revoke licenses of licensed real estate brokers and behavior comparable to the defendants here by defendants in other actions before the Department of State have resulted in penalties far more serious than quadruple damages; in this case no such remedies are available as the defendants are not licensed brokers; penal sanction of quadruple damages awarded

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