Meyer v. Stein

This is a motion made by defendant to dismiss plaintiff’s complaint on the ground that the plaintiff has not legal capacity to sue under subdivision 3 of rule 106 of the Rules of Civil Practice.

The action is brought by the plaintiff, a duly licensed real estate broker, to recover a penalty against the defendant, who is not licensed as a real estate broker, under section 442-e of article 12-A of the Real Property Law. The question presented is whether the plaintiff is a “ person aggrieved ” within the meaning of subdivision 3 of section 442-e of the Real Property Law, which states that the…