Transaction Advisory Services, LLC v. Silver Bar Holding, LLC

Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered May 17, 2006, which, in an action for breach of contract, denied defendants-appellants’ motion to dismiss the complaint, unanimously affirmed, with costs.

We reject appellants’ argument that the transaction plaintiff claims generated its assignor’s right to a fee under the contract between the assignor and appellant Silver Bar Holding was, in substance, a purchase of real estate, and that the action must be dismissed pursuant to Real Eroperty Law § 442-d because the assignor did not have a real estate broker’s license.…