Order of the Supreme Court, New York County, entered on September 30, 1970, denying defendant's motion for summary judgment, unanimously reversed, on the law, the motion granted, and the complaint dismissed. The clerk is directed to enter judgment in favor of defendant dismissing the complaint, with costs. Appellant shall recover of respondent $50 costs and disbusements of this appeal. Plaintiff sues for $35,000 for work, labor and services performed in arranging a recording contract between the defendant and ABC Records. The court at Special Term determined that there was an issue of fact "as to whether the plaintiff was acting as an employment agency or as the personal manager of the defendant when he performed the alleged services for the defendant". Inasmuch as the plaintiff was not licensed as an employment agency pursuant to article 11 of the General Business Law, unless he comes within the exception of subdivision 7 of section 171 as a personal manager where the seeking of employment is only incidental to the business of managing, he may not recover. (See Mandel v. Liebman, 303 N.Y. 88.) It is clear that the defendant had a manager, and that the only service performed by the plaintiff, although he sought to become the manager of the defendant, was this one procurement of a recording contract. Under the circumstances, plaintiff cannot come within the exception.
Concur — Stevens, P.J., Capozzoli, Nunez, Kupferman and Steuer, JJ.