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1996 NY Att'y Gen. Rep. & Op. [i] (1996)

handle is hein.nyattgen/nysag0111 and id is 1 raw text is: OPINIONS
OF THE NEW YORK STATE
ATTORNEY GENERAL
Opn. No. F 96-1
NY CONST ART I § 9; PENAL LAW § 225.00.
A proposed real estate sales program called the Good as Gold promo-
tion would violate the anti-gambling provisions of New York State law.
Your counsel has inquired whether a proposed real estate
sales program called the Good as Gold promotion would violate
the anti-gambling provisions of New York State law. You indi-
cate that the Good as Gold promotion would provide sellers of
real estate with the opportunity to offer a special incentive to
buyers, real estate brokers and their sales associates. The pro-
motion under review would be offered to those sellers who choose
to list their properties with Longley-Jones Associates, Inc., a real
estate marketing firm. In addition to the usual commission that
would be due Longley-Jones, participating sellers would each
pay $300 into a special fund created and administered by
Longley-Jones. After fifty participating homes have been sold,
Longley-Jones would host a Gold Party at which there would
be a drawing from the names of the real estate brokers and sales
associates who sold the properties. The winning real estate
broker or sales associate would receive $10,000 and the buyer
who purchased the property through the winning agent would
receive a trip to some predesignated location.
Article I, § 9 of the New York State Constitution provides, in
pertinent part: no lottery or the sale of lottery tickets, pool-sell-

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