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Tomei v. Annetta

Decided: January 30, 1951.

SAL TOMEI, PLAINTIFF-APPELLANT,
v.
RALPH ANNETTA AND THE NEW JERSEY REAL ESTATE COMMISSION, DEFENDANT-APPELLEES



McGeehan, Jayne and Wm. J. Brennan, Jr. The opinion of the court was delivered by Jayne, J.A.D.

Jayne

[11 NJSuper Page 457] The narrative of the factual events underlying the subject matter of the present appeal can be summarized. The appellant was a tenant who was obliged by

a final judgment of the Hudson County District Court to vacate the demised premises no later than April 1, 1950. The appellant discovered that on January 9, 1950, one Ralph Annetta, a duly licensed real estate broker of New Jersey with offices in the City of Bayonne, had caused the publication in the Bayonne Times , a newspaper printed in that city, of an advertisement soliciting prospective purchasers of the demised premises. Assuming therefrom that the broker had been authorized to expose the property for sale by his landlord, the appellant thereupon made application to the Housing Expediter for a revocation of the "certificate relating to eviction" which had been theretofore issued and which constituted a prerequisite to the institution of the eviction proceedings. In the ensuing inquiry before the Housing Expediter the landlord filed an affidavit in which he denied that he had conferred any authority whatever upon the broker to negotiate a sale of the premises and to cause the publication of the advertisement.

In that singular state of affairs, the attorney of the appellant dispatched a letter to the broker, of which the following is a copy:

"March 4, 1950.

Ralph Annetta, Real Estate Broker

105 West 4th St.

Bayonne, N.J.

Dear Sir:

I have in my possession an affidavit made by John Muzzillo, owner of property at 113 West 22nd Street, Bayonne, N.J. paragraph 6 of which states as follows:

'Landlord denies that he ever spoke to Ralph Annetta of 105 West 4th Street, Bayonne, New Jersey concerning the sale of these premises or that he ever authorized him orally or in writing in his hands for the purpose of selling the premises; landlord further denies that he ever authorized the said Ralph Annetta or any other person to insert in "The Bayonne Times," a local newspaper, or authorized any person to advertise the said premises for sale.'

If you dispute the contents of the affidavit which imputes that you advertised a house for sale without authorization, I will draw up a replying affidavit for you. If you are contended (sic) to allow the accusation in said affidavit to stand, then my client will have no other

recourse but to bring this matter to the attention of the Real Estate Board of the State of New ...


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