Tamarin v. Fitzpatrick

Judgment and order unanimously reversed on the law, with thirty dollars costs to appellants, and judgment directed for the defendants, dismissing the complaint, with appropriate costs in the court below.

Plaintiff failed to prove that he was a licensed broker under sections 440 and 440-a of the Real Property Law (as added, by Laws of 1922, chap. 672). That section applies to a broker who procures the sale of a lease. The transaction to consummate in which the plaintiff was engaged included the transfer of a lease. Although a lease is personal property (Rodack v. New Moon Theatre, 121 Misc.…