Barash v. Baharestani

138 A.D.3d 489, 28 N.Y.S.3d 300

Opinion

Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered October 28, 2014, which granted defendants’ pre-answer motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, with costs.

Even when considering plaintiff’s affidavit, which may be considered to remedy pleading defects (see Leon v Martinez, 84 NY2d 83, 88 [1994]), plaintiffs own allegations establish that he was a licensed real estate salesperson, not a licensed broker. Therefore, he is barred from demanding compensation for services he rendered in connection with the individual defendant’s purchase of an apartment (see Real Property Law § 442-a).

Concur — Friedman, J.P., Sweeny, Saxe, Richter and Kahn, JJ.