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19. Failure to Pay Judgment

88 DOS 93 Matter of Cappucilli - broker who fails to deliver commission to assignee guilty of conversion; failure to satisfy judgment without proof of inability to do so constitutes untrustworthiness; salesperson can't be corporate officer; engaging in business under corporate name while only licensed individually constitutes incompetency; satisfaction of judgment ordered as condition to re-licensure

123 DOS 93 Matter of DOS v. Harrington - requests for adjournments must comply with 19 NYCRR §400.11; broker permits unlicensed salesperson to work; broker who fails to pay judgment without proof of inability is guilty of untrustworthiness, broker's failure to timely file termination of association notices not excused by claim of unhappiness with filing fee; prior discipline considered in imposing sanction; two-month suspension and continuing suspension until judgment is satisfied

141 DOS 93 Matter of DOS v. Pozzanghera - salesperson can't own voting stock or be officer of licensed corporation (175.22); separate escrow account required (175.1); unlicensed name; illegal to claim or retain commission for services while not properly licensed; failure to pay judgment; failure to file termination of associate card; representative broker liable for illegal ads; revocation of broker's license discontinues salesperson's association per RPL §441-d

142 DOS 93 Matter of Tannenbaum - corporation which manages real property, collects rents and cooperative apartment building maintenance charges requires a license; unlicensed salesperson and unlicensed corporation precludes legitimate claim for brokerage fee; settlement of civil suit between tenant and unlicensed corporation is not a defense to charge of unlicensed activity; corporation's failure to pay judgment where individual respondent is not a party is not considered in disciplinary case against said individual; deposit monies should be returned, as no viable lease was entered into and no lawful brokerage commission could be claimed; restitution of entire deposit ordered (civil action settlement provided for return of $600 of $900), as no licensed real estate services were rendered; however, retention of deposit is not conversion or illegal retention of deposit monies, but is unlawful claim for commission by non-licensee; broker's failure to file termination of association notices violates RPL §441-a(5); respondent's cooperation during investigation considered, as is testimony that action resulted from lack of knowledge and negligent, not deliberate attempt to violate licensing law

CRC #383 Matter of DOS v. Graham, Consent Order - commingling security deposits in operating account; presentation of checks which could not be negotiated; conversion and failure to make clear (175.7); restitution ($1,547 and $1,466) and $2,000 fine

CRC #372 Matter of DOS v. Martin, Consent Order - failure to pay judgment; failure to honor personal guarantee to repay note; restitution ($1,049) and $300 fine

85 DOS 94 Matter of DOS v. Bigness - broker who fails to satisfy a lawfully obtained judgment, without showing that he was unable to do so, demonstrated untrustworthiness; immaterial that judgment did not arise out of activities as a real estate licensee

53 DOS 94 Matter of DOS v. Bennett - DOS has jurisdiction to determine charges brought during 2-year period during which licensee may renew; DOS bears burden of proof; failure to establish that monies not paid were required deposit; licensee had right to raise claim of valid reason for not paying promissory note and have bona fideadjudication in court (even if loses in court; licensee not untrustworthy for failure to pay judgment where complainant failed to establish he was able to do so; licensee not untrustworthy because of discharging judgment in bankruptcy

97 DOS 94 Matter of DOS v. Swift - presumption of delivery of mailed notice; DOS has burden of proof; evidence of check returned for insufficient funds is not presumptive evidence of insufficiency of funds at time of issuance of check, which is material element of offense of issuing a bad check; proof that representative broker issued check for commission on account of unlicensed entity and that it was twice dishonored for insufficient funds does notconstitute substantial evidence of untrustworthiness or incompetence; no vicarious liability where failure to prove representative broker acted wrongfully

CRC #375 Matter of DOS v. Murat, Consent Order - failure to hold deposit in escrow violation 19 NYCRR §175.1; failure to pay judgment violation RPL §441-c; drafting binder is unauthorized practice of law and violates Judiciary Law §478; restitution of $2,800; fine of $2,500

13 DOS 95 Matter of Skydell - jurisdiction to adjudicate after expiration of license where eligible to renew; collateral estoppel as to fact findings by Division of Housing and Community Renewal; liability of broker for actions of partnership in which he was general partner irrespective of actual knowledge of wrongful acts; DOS not empowered to order restitution of illegal rent overcharges; failure to pay a fine may be challenged only in a subsequent disciplinary hearing; no direct liability for non-participation and un-involvement in corporate acts; no vicarious liability of corporate officers, directors or shareholders for wrongful acts of corporation; actual knowledge required for vicarious liability; broker presumed to know the law; failure to establish representative broker was directly responsible or vicariously liable for failure to disclose ownership interest in violation of 19 NYCRR §175.6; failure to deliver duplicate original of lease in violation of 19 NYCRR §175.12; retaining an unearned fee in violation of RPL §441-c; financial inability to pay judgments is good defense to charge of willful failure to satisfy judgment; efforts to meet obligations and refusal to file for bankruptcy demonstrate willingness to attempt to pay debts; pleading notconformed to change availing or failure of supervision, as these charges were not with in the broad composition of complaint and not actually litigated

68 DOS 95 Matter of Simon - failure to pay judgment without showing inability to pay demonstrates untrustworthiness; three prior disciplinary hearings establishes recidivism; license denied

Consent Order 95-0667, Matter of DOS v. Heinecke - Licensee failure to timely satisfy judgment; $1,000.00 fine and $1,349.90 plus interest restitution for satisfaction of judgment

CRC #95-0475, Matter of DOS v. Weinrib - Consent Order - failure to pay judgment; mortgage application; attempt to broker commercial real estate mortgage under unlicensed name; failure to satisfy judgment in a timely manner; $500.00 fine; $1,005.58 restitution plus interest

25 DOS 97 Matter of DOS v. Costello - amendment of pleading to conform to the proof; proper business practices;failure to pay judgment; pleadings may be amended to conform to the proof so long as an issue has been fully litigated and is closely enough related to the stated charges that there is no surprise or prejudice to the respondent; broker conducting business under name other than on license demonstrates incompetency; failure by broker to satisfy judgment demonstrates untrustworthiness; broker may be held liable for failure to satisfy judgment against corporation where broker controls the corporation; $750 fine and license suspension until judgment satisfied

214 DOS 97 Matter of DOS v. Laymon - accounting to client; bad check; deposits; failure to pay judgments; proper business practices; jurisdiction; DOS retains jurisdiction after expiration of license (for failure to pay renewal fee) where acts occurred during licensure; violation of 19 NYCRR 175.1 by depositing clients’ funds into operating account and failing to maintain special bank account; violation of 19 NYCRR 175.2 for failing to account to client; broker engaged in fraudulent practices by accepting monies he was required to retain in escrow, depositing said monies into his operating account, failing to return same to its rightful owner and by purporting to make refunds by issuing bad checks; in light of broker’s financial inability to do so, failure to promptly satisfy judgments was not a demonstration of untrustworthiness; there was no violation of 19 NYCRR 175.3(b) where broker was not managing rental properties; real estate broker’s license revoked; reapplication for broker’s license conditioned upon proof of payment of restitution with interest and proof of satisfaction of judgment with interest

242 DOS 97 Matter of DOS v. Hinds - deposits; proper business practices; fraudulent practices; due process; exparte proceeding is proper where there is evidence of proper service of process; unlawful retention of deposit monies constitutes larceny; illegal exercise of right of ownership over principals’ funds is conversion; broker’s illegal retention of deposit monies of principals in four, separate real estate transactions is a fraudulent practice; broker’s failure to pay lawfully obtained judgments without a showing that he is unable to do so is a demonstration of untrustworthiness; license revocation; restitution with interest

CRC #95-0105 Matter of DOS v. Diaz, Consent Order - broker demonstrated untrustworthiness by failing to satisfy a lawfully obtained judgment; $500 fine; restitution of the judgment amount ($1,683.43) plus interest

240 DOS 98 Matter of DOS v. Cordial Realty Group -- failure to appear at hearing; cease-and-desist; ex partehearing is permissible upon proof of proper service; licensee demonstrated untrustworthiness and incompetency by soliciting a listing for sale of a house included on a cease-and-desist list; $500 fine

241 DOS 98 Matter of DOS v. Himark Realty -- failure to appear at hearing; cease-and-desist; duty to supervise sales associates; vicarious liability; ex parte hearing is permissible upon proof of proper service; salesperson inadvertently calls home listed on cease-and-desist list which demonstrates incompetency; broker is obligated to supervise real estate brokerage activities of its salespersons and is vicariously liable for their misconduct, limited only with regard to penalty in cases where the broker lacked actual knowledge of misconduct or did not retain any benefit derived from that misconduct; corporate broker, representative broker and salesperson each to pay $250 fine

287 DOS 98 Matter of DOS v. Uqdah Realty & Management Corp. -- deposits; jurisdiction; fraudulent practices; failure to pay judgment; vicarious liability; notary public; disclosure of agency relationship; broker violated 19 NYCRR 175.1 when he deposited escrow funds into his operating account; broker committed conversion when his operating account fell below deposit amount; broker engaged in fraudulent practices when he illegally retained buyer’s trust funds and attempted to qualify prospective buyer for mortgage by falsely stating their employment; broker failed to disclose his agency relationship to his client; failure to pay judgment; corporate real estate broker vicariously liable and charged with actual knowledge of violation of law because of representative broker’s cognizant misconduct as corporate officer; broker is not required to deposit a refundable commission in an escrow account unless contractually demanded; corporate broker and representative broker’s license revoked; restitution of deposit of $12,000 plus interest; notary public commission revoked based on misconduct as a real estate licensee

292 DOS 98 Matter of DOS v. SellFast Realty, Inc. -- failure to pay judgment; vicarious liability; retention of trust monies after principal demands refund is unlawful and constitutes a larceny; failure to pay a judgment demonstrates untrustworthiness unless the broker presents evidence of inability to pay; corporate real estate broker is charged with actual knowledge of representative broker’s cognizant misconduct; corporate broker and representative broker’s licenses revoked; future application conditioned upon proof of satisfaction of judgment

26 DOS 99 Matter of DOS v. Bronson - failure to pay judgment; DOS fails its burden of proof; failure to appear at hearing; ex parte hearing may proceed upon proof of proper service; DOS fails its burden of proof to establish broker made false statement with intent to deceive regarding property conditions; broker negligently makes misstatement to buyer; failure to pay judgment demonstrates untrustworthiness unless broker presents valid evidence of inability to pay; broker fails to appear to provide evidence; submission of unverified written answer is insufficient evidence to prove inability to pay judgment; broker’s license suspended until broker submits proof he has fully paid judgment

42 DOS 99 Matter of Smadar - failure to pay judgment; failure to appear at hearing; unearned commission; ex partehearing may proceed upon proof of proper service; denial of renewal of license due to failure to pay judgment; applicant fails to appear and establish that he is qualified to be licensed; application for brokers license denied

84 DOS 99 Matter of DOS v. Woodland - failure to appear at hearing; jurisdiction; mortgage applications; failure to pay judgment; ex parte hearing may proceeding upon proof of proper service; DOS has jurisdiction over respondents for acts of misconduct which occurred during licensure even though the licenses expired on their own terms; DOS fails its burden of proof to establish broker failed to obtain signature on agency disclosure form; DOS fails its burden of proof to establish that a broker has an obligation to “pre-qualify” a potential purchaser; broker breached duty to deal honestly with the public when advised purchaser he would assist in obtaining financing and failed to do so; DOS fails its burden of proof that broker wrongfully failed to hold a $500.00 deposit in escrow as deposit was remitted to seller with the permission of buyer; failure to pay judgment without a showing that broker is unable to do so is a demonstration of untrustworthiness; no action to be taken for reapplication for broker’s license until payment of $1,000.00 fine and proof of satisfaction of judgment

122 DOS 99 Matter of DOS v. Smith - failure to pay judgment; unauthorized practice of law; salesperson breaches fiduciary duty to principal by inducing principal to make two loans to other persons, guarantying payment of said loans, failing to honor those guarantees and failing to satisfy a judgment entered against him; unauthorized practice of law by drafting promissory note; $1,000.00 fine and suspension of license until proof of satisfaction of judgment

321 DOS 00 DOS v. Kerr - deposits; failure to appear at hearing; failure to pay judgment; disclosure of agency relationships; material misstatement on application; failure to cooperate with DOS investigation; ex parte hearing may proceed upon proper notice; broker fails to provide RPL §443 agency disclosure notice to landlord/client prior to entering into listing agreement; broker commits conversion upon exercising unauthorized right of ownership over rental deposits and payments collected on behalf of principal; failure to satisfy judgment is demonstration of untrustworthiness unless broker presents valid evidence of inability to pay; failure to respond to DOS request letter constitutes failure to cooperate; material misstatement on application by denying prior license suspension; broker’s license revoked

CRC #99-0681 Matter of DOS v. Dudkevich - failure to pay judgment in a timely manner; broker to pay restitution in the amount of $6,102.50; broker shall not apply to renew expired license for 10 months or until she has complied with all terms of the consent order

CRC #99-0687 Matter of DOS v. Meslay, Consent Order - failure to satisfy judgment in a timely manner; decision vacated (319 DOS 00) and revocation of license annulled; $500.00 fine and restitution in the amount of $708.00

CRC #99-1667 Matter of DOS v. Walker, Consent Order - failure to satisfy judgment in a timely manner; $500.00 fine and restitution in the amount of $558.91

669 DOS 00 DOS v. Morales - failure to appear at hearing; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; salesperson failed to comply with continuing education requirements; salesperson’s license revoked

CRC #99-4117 Matter of DOS v. Rinker, Consent Order - deposits; failure to pay judgment; broker failed to pay judgment in a timely manner; broker commingled his principals escrow deposit with broker’s own funds; restitution in the amount of $1,000 plus interest, fine in the amount of $500.00, broker to complete 5 hour course on the law of agency and broker shall not accept or hold client funds

122 DOS 01 Marr v. DOS - nolo contendere plea to charge of failure to pay judgment; broker deemed untrustworthy where testified that he intended to pay a judgment but lacks the funds to do so; renewal of broker’s license granted effective as of the date broker presents proof of having satisfied the judgment

594 DOS 01 DOS v. Walker - deposits; failure to appear at hearing; failure to pay judgment; failure to cooperate with DOS investigation; notary public; proper business practices; broker commingles funds by placing deposits in operating account; broker allows escrow account to be overdrawn on numerous occasions; broker uses deposit for separate, unrelated business investment; broker fails to pay judgment without presenting an explanation or excuse for failure to pay judgment; broker fails to cooperate with DOS investigation by failing to respond to and comply with letter directing him to appear for a conference and to provide certain documents; broker fails to notify DOS of new address upon closing office; DOS fails to prove that salesperson improperly held herself out to be real estate broker associated with corporate broker, that the broker made misrepresentations to the purchasers regarding payments they were required to make toward the purchase, that some checks were returned for insufficient funds, that the broker failed to make certain required payments, that the broker properly failed to make certain other deposits and that the broker gave a postdated deposit check which could not be cashed due to insufficient funds; representative broker’s and corporate broker’s licenses revoked, return of deposits in the amount of $400.00 and $3,173.83 ordered with interest, civil judgment to be fully satisfied; salesperson fined $1,000.00 and notary commission suspended for four months

634 DOS 01 Matter of DOS v. Charles - failure to pay judgment; settlements; unlicensed activity; failure to pay judgment without a showing that broker is unable to do so is a demonstration of untrustworthiness; broker is guilty of a misdemeanor, RPL §442-c, when broker has an unlicensed salesperson associated with him, her or it (temporary letter of authorization to act as salesperson expired); proper to impose a more stringent penalty than that which was asked for in settlement offer where settlement offer has been refused or its acceptance has not been finalized; $1,000.00 fine and satisfaction of judgment

357 DOS 02 Matter of DOS v. Elias - failure to appear at hearing; failure to pay judgment; proper business practices; deposits; DOS fails its burden of proof; restitution; ex parte hearing may proceed upon proof of proper service; respondent failed to fully satisfy a judgment obtained against him without showing that he was unable to do so; a rental broker is entitled to compensation only after procuring a rental agreement between tenant and landlord; retaining part or all of the deposit without obtaining a rental agreement demonstrates untrustworthiness and incompetency; restitution may be ordered as a condition to retention of the broker’s license where he has received money to which he is not entitled; unlawful for broker to operate real estate brokerage business at an address other than that which was stated on his application; broker operated his real estate business out of an address prior to obtaining a license for that address; DOS failed to prove that respondent commingled and converted deposits; real estate brokers license suspended for four months and an additional period of time until respondent proves he has paid the balance of the judgment

730 DOS 02 DOS v. New World Realty of New York, Inc. – availing of license; deposits; disclosure of agency relationships; duty to supervise sales associates; failure to pay judgment; proper business practices; DOS has jurisdiction where disciplinary action was started while individual was licensed as an associate broker and was eligible to automatically renew at the time of the disciplinary hearing; salesperson owned voting stock in licensed corporate real estate broker, failed to pay judgment and failed to present evidence of inability to do so, and engaged in unlicensed activity after license expired; representative broker availed corporate real estate brokers license to salesperson; representative broker failed to properly supervise salesperson by permitting and authorizing salesperson to act as a real estate broker; broker and salesperson failed to make agency disclosures and failed to deposit funds of principal in a special bank account; real estate transaction conducted was a fraudulent business practice; DOS fails to prove the unauthorized practice of law; salesperson’s license revoked and salesperson ordered to pay refund of $1,406.00 of illegal commission collected; representative broker’s license revoked and broker ordered to refund $74.00 of illegal commission collected; representative broker fined $5,000.00

1000 DOS 02 DOS v. Olson – DOS fails its burden of proof; failure to pay judgment; DOS fails to establish that broker retained an unearned commission and converted or commingled deposit money; broker earned commission acting as agent of the purchaser when broker secured the agreement of the owner to sell mobile home to the purchaser; broker paid judgment and delay is excused by broker’s financial difficulties; charges dismissed

212 DOS 03 DOS v. Brandman – failure to cooperate with DOS investigation; failure to pay judgment; DOS fails its burden of proof; DOS fails to prove that broker failed to cooperate with DOS investigation; broker’s failure to pay judgment lawfully obtained and not overturned or stayed by a court of competent jurisdiction is a demonstration of untrustworthiness unless the broker presents valid evidence of inability to pay; respondent ordered to present proof to DOS that he has fully satisfied judgment; broker fined $1,000

410 DOS 03 Matter of Quick – collateral estoppel; judgment; prior misconduct; fact that judgment in civil action was granted after applicant’s default does not mean that it does not have the effect of collateral estoppel; civil judgment was discharged in bankruptcy as applicant was financially unable to satisfy judgment; six and one half years have passed since entry of judgment; to deny applicant license at this late date and under these particular circumstances would in essence disqualify applicant from licensure for the foreseeable future, if not for life, which would be improper; application for license as a real estate broker granted

960 DOS 03 DOS v. Vazquez - deposits; unlicensed activity; duty to supervise sales associate; failure to cooperate with DOS investigation; failure to pay judgment; sanction; broker fails to reply to DOS’s request for information; broker allows two individuals to work in association with brokerage without being properly licensed; broker fails to pay judgment; broker fails to return rental deposits in two transactions where the rental was not consummated; broker fails to supervise sales associate and is accountable for monies received by salesperson and unaccounted for; in setting penalty, it is proper to consider licensees were found to have availed themselves of improper licensed real estate salespersons and to have retained an unearned commission; corporate broker’s license and representative broker’s license revoked and brokers ordered to pay restitution in the amount $7,725.00 and judgment in the amount $740.37

866 DOS 03 DOS v. Charles H. Greenthal Residential Sales Corp. - reliance on attorney advice; vicarious liability; broker advertises property exclusively for sale through broker and exclusively shown through associate broker when owner disputed the existence of an exclusive contract and representative broker was aware of owner’s dispute of exclusive listing; associate broker, who also is president of cooperative board, withdrew his signature as board president at closing and halted closing because the fee paid by the seller was less than the associate broker believed was due and payable; associate broker claims he acted on the advice of counsel, which he did, however, advice he received was from counsel to co-op board not his own counsel; associate broker violated his fiduciary duty to his client of undivided loyalty by putting his own interests above those of his client; corporate broker vicariously liable for the unlawful acts of its representative broker; representative broker knew of seller’s dispute of authenticity of exclusive right to sell and nevertheless chose not to investigate seller’s challenge and permitted the associate broker to continue to represent the listing as an exclusive right to sell; DOS offers, then withdraws offer, to submit into evidence a tape recording of a telephone conversation between seller and associate broker after questions by ALJ to determine if tape is genuine and unaltered, even though respondents did not object to DOS’s right to offer the evidence because of insufficiency of foundation; broker ordered to refund commission in the amount $16,140.00; corporate broker, representative broker and associate broker each fined $1,000.00

69 DOS 04 DOS v. Kalicharan - failure to appear at hearing; failure to pay judgment; ex parte hearing may proceed upon proof of proper service; failure to pay judgment is demonstration of untrustworthiness unless broker presents valid evidence of inability to pay; broker given two months to present proof judgment satisfied; broker fined $1,000.00; license suspended if broker fails to either timely pay judgment or fine

893 DOS 04 DOS v. Diaz - failure to pay judgment; failure to appear at hearing; ex parte hearing may proceed upon proof of proper service; failure to pay a judgment lawfully obtained and not overturned or stayed by a court of competent jurisdiction is a demonstration of untrustworthiness unless the broker presents valid evidence of his inability to pay; broker ordered to

818 DOS 05 DOS v. Cueto – disclosure of agency relationships; deposits; failure to pay judgment; signs; DOS failed to establish that broker failed to provide agency disclosure form to prospective buyer; broker deposited purchase deposit in her operating account, thereby commingling client funds; broker failed to pay small claims judgment even after unsuccessfully attempting to appeal it; broker failed to post a sign and maintain a definite place of business; broker fined $2,000.00 and license suspended until broker provides proof she has fully satisfied the judgment and has established a definite place of business and posted a sign thereon.

873 DOS 05 DOS v. Golan – failure to pay judgment; failure to cooperate with DOS investigation; vicarious liability; corporate broker, through its representative broker, entered into a stipulation of settlement in summary proceeding and failed to comply with the stipulation; judgment granted against corporate broker; corporate broker is responsible for the acts committed by its representative broker within the actual or apparent scope of his authority and, conversely, representative broker is responsible for the conduct of the corporation; judgment not having been satisfied, broker fails to show it was not possible to do so; charge of failure to cooperate with DOS investigation dismissed where none of the documents which were requested existed; brokers fined $250.00.

95 DOS 06 DOS v. Michel- failure to pay judgment; broker failed to satisfy a lawfully obtained judgment; broker fined $1,000.00 and license suspended until proof of payment of judgment

939 DOS 06 Matter of Snigur- renewal of license denied to attorney suspended from practice of law, who timely requested a hearing, but did not appear at scheduled hearing

955 DOS 06 DOS v. Melnick- failure to pay judgment; respondent’s unrefuted testimony shows lack of means to satisfy the judgment; charge dismissed

975 DOS 06 DOS v. Ligon - failure to place deposit in escrow, unearned commission, failure to satisfy judgment retention of advance payment on commission not earned, rental never consummated

979 DOS 06 DOS v. Total Realty of Westchester- failure to comply with consent order, failure to timely post bond or undertaking; failure to satisfy judgment, respondent provided with three (3) months to arrange for release of funds deposited with court or make direct payment of judgment or license will be suspended

20 DOS 07 Matter of Bronx County Realty Corp. – failure to satisfy judgment; failure to cooperate; restitution and $2,000 fine

135 DOS 07 DOS v. Kaleck- broker misconduct, untimely request for adjournment (19 NYCRR §400.11); false advertising of Century 21 Franchisee; after injunction; misrepresentation; refused to release principal from listing agreement; failure to keep appointment and misstated that home off the market; suit for unearned commission; failure to cooperate in investigation; failure to pay judgment without proof of inability to do so; predatory conduct; revocation

670 DOS 07 Matter of Shiamili- failure to pay commission and sales promotion to sales associate (Stowell v. Cuomo, 52 NY2d 208 [1981]); failure to pay judgments; failure to cooperate; $2000 fine and suspension until judgments paid

1163 DOS 07 Matter of Posa- Broker; fraudulent advertisement; false statement on renewal; failure to reveal revocation of insurance license; false advertisement stating a NYS broker is associated with ads without broker consent; fraudulent inducement to make deposits; failure to refund deposits; failure to pay judgment; commingling funds; untrustworthy action as insurance broker; tends to establish unfitness; revocation and requirement to pay judgment if ever reapplies for real estate license

2252 DOS 07 Matter of Ligon- broker; prior suspension for failure to pay judgment; additional charge of failure to satisfy judgment dismissed due to continuing suspension regarding prior adjudication; failure to cooperate; additional two month suspension

2249 DOS 07 Matter of Lee- Salesperson; failure to return commission per agreement to refund if landlord unable to obtain c/o; failure to pay judgment; no proof of improper receipt of commission directly from client or failure to supervise

1087 DOS 08 Matter of Rakowski – broker; alleged failure to satisfy judgment; case on appeal; complaint dismissed

1501 DOS 08 Matter of DePietri – broker failure to satisfy judgment; representative broker liable for judgment under RPL 442-c due to knowledge and retention of proceeds after notice; $500 fine and requirement to satisfy judgment or suspension until judgment satisfied

433 DOS 09 Matter of Poto – associate broker; direct receipt of commission; misrepresentation; failure to pay judgment; revocation and restitution if reapply

960 DOS 09 Matter of Moore – salesperson; unlicensed activity without knowledge of broker; agency disclosure; unearned commission; failure to satisfy judgment; revocation; no relicensure unless pay $530 judgment with interest

973 DOS 09 Matter of Sroka – unearned commission; failure to pay judgment; $500 fine or 2-month suspension; repay $2,020 judgment with charges against salesperson; dismissed for lack of proof

1001 DOS 09 Matter of Weekes – failure to pay judgment; failure to cooperate; $250 fine and suspension until pay judgment with interest

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