Seckendorff v. Halsey, Stuart & Co.

Plaintiff sues Rogers, Caldwell & Co., Inc., and four additional defendants for commissions earned. The complaint has been dismissed in advance of trial upon defendants’ motion. The answer alleges as a separate affirmative defense that the services rendered were those of a real estate broker as defined in section 440 of the Real Property Law, and that no recovery may be had because plaintiff was not a licensed broker. The reply to this defense admits that plaintiff was not a licensed real estate broker but denies that the services performed were those of a broker. Respondents’ position is…