Goldman v. Rubenstein

Callaghan, J.:

The plaintiff and defendant each moves for judgment. The facts are not disputed. The defendant procured a purchaser for a drug store owned and conducted by the plaintiff and in connection therewith sold a lease which had five years to run. One acting as a broker for the sale of such a lease should be licensed, under the provisions of section 440-a of the Real Property Law, and no action can be maintained to collect commissions earned on such a sale unless the broker has first procured a license. (Real Prop. Law, § 442-a; Roman v. Lobe, 212 App. Div. 162.) This defendant was not…