DSA Realty Services, LLC v. Marcus & Millichap Real Estate Investment Services of New York, Inc.

Order, Supreme Court, New York County (George J. Silver, J.), entered February 21, 2014, which denied defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7), unanimously reversed, on the law, without costs, and the motion to dismiss granted pursuant to CPLR 3211 (a) (1). The Clerk is directed to enter judgment accordingly.

In this action to recover a real estate broker commission fee, plaintiff, a licensed real estate brokerage firm, alleges that it referred a purchaser to defendant, and that, pursuant to an oral agreement between it and defendant, it is entitled to…