Strout Realty v. Phillipson

This is an action to recover a commission for the sale of real property situated in the County of Allegany. On the trial of the action and at the close of all the proof, counsel for the defendants moved to dismiss the complaint on the ground that the complaint fails to comply with the requirements of section 442-d of the Real Property Law of the State of New York and in particular in that the complaint fails to allege that the plaintiff is a licensed broker. It is further claimed that it is neither alleged nor proved, either that the complainant corporation is a licensed broker, or that the…