Atlas New York Ltd. Liability Co. v. Eisenberg

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered September 27, 2016, which, to the extent appealed from, denied defendants’ motion to dismiss the cause of action for breach of contract pursuant to CPLR 3211 (a) (3) and (7), unanimously affirmed, without costs.

Plaintiff, which lacked a real estate brokerage license in its own name, had the capacity to commence this action to recover for unpaid brokerage services pursuant to brokerage agreements “made for its benefit in its assumed name” (see Mail & Express Co., Inc. v Parker Axles, Inc., 204 App Div 327, 329 [1st Dept…