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BERG v. WILPON
Appellate Division of the Supreme Court of New York, Second Department.
Apr 24, 2000
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Ordered that the judgment is affirmed, with costs.
The Supreme Court properly determined that the subject real property was a dominant feature of the transaction at issue. The plaintiff, who did not have a real estate broker's license, was therefore barred from collecting a fee for his endeavors, which were in the nature of brokerage services ( see; Real Property Law § 440, [3]; §§ 442-a, 442-d; G.C. Fortune Mgt. Co. v. Stockade Mobile Home Park, 246 A.D.2d 739; Eaton Assocs. v. Highland Broadcasting Corp., 81 A.D.2d 603; Sorice v. DuBois, 25 A.D.2d 521).
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