DOUGLAS ELLIMAN-GIBBONS & IVES, INC. v. KELLERMAN


172 A.D.2d 307 (1991)

Douglas Elliman-Gibbons & Ives, Inc., Respondent, v. Michael Kellerman, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 16, 1991


In the original decision on this appeal, we held that, because the realtor's license introduced into evidence at trial by the corporate plaintiff did not take effect until six months after the transaction at issue, plaintiff failed to make out a prima facie case that it was a licensed broker, as required by Real Property Law § 442-d. Upon reconsideration, we are persuaded that reversal was not warranted on this ground because defendant failed to bring this alleged...

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