ACCENT ASSOCIATES v. WHEATLEY CONSTRUCTION

ORDERED that the order is affirmed insofar as appealed from, with costs.

The plaintiff did not state a cause of action to recover damages for breach of contract because it failed to allege that it was a licensed real estate broker (see, Real Property Law § 440[1], 442-d; Levinson v. Genesse Assocs., 172 A.D.2d 400 ; Gartrell v. Jennings, 283 App. Div. 879 ). The causes of action to recover damages for breach of a fiduciary duty must fail because the plaintiff failed to allege the elements of a joint venture: that is, it shared control of the project or responsibility for losses (see, Matter of Steinbeck v. Gerosa, 4 N.Y.2d 302, 317 ; Tilden of N.J. v. Regency Leasing Sys., Inc., 230 A.D.2d 784 ; Mendelson v. Feinman, 143 A.D.2d 76 ). Accordingly, the Supreme Court properly granted the defendants' motion to dismiss the complaint.

JOY, J.P., ALTMAN, GOLDSTEIN, and SCHMIDT, JJ., concur.