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ACCENT ASSOCIATES, INC. v. WHEATLEY CONSTRUCTION CORP.

268 A.D.2d 494 (2000)

701 N.Y.S.2d 667

ACCENT ASSOCIATES, INC., Appellant, v. WHEATLEY CONSTRUCTION CORP. et al., Respondents.

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

Decided January 24, 2000.

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...

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