Berg v. Wilpon

OPINION OF THE COURT

Frank V. Ponterio, J.

Plaintiff brought this action for services allegedly rendered in negotiating a lease for commercial real estate between defendants as landlord and a large pharmacy chain. As a preliminary issue defendants raise Real Property Law article 12-A as a defense, arguing that even if plaintiff rendered the services he claims he is barred by the statute from recovery. It is undisputed that plaintiff is not a licensed real estate broker or licensed real estate salesman. Section 442-d of the Real Property Law provides as follows:

“§ 442-d Actions for commissions;…