ATLAS NEW YORK LIMITED LIABILITY COMPANY v. EISENBERG

4109. 650553/16.

150 A.D.3d 602 (2017)

2017 NY Slip Op 04208

52 N.Y.S.3d 630

ATLAS NEW YORK LIMITED LIABILITY COMPANY, Doing Business as ATLAS REAL ESTATE NEW YORK, Respondent, v. MICHAEL EISENBERG et al., Appellants.

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

Decided May 25, 2017.


Plaintiff, which lacked a real estate brokerage license in its own name, had the capacity to commence this action to recover for unpaid brokerage services pursuant to brokerage agreements "made for its benefit in its assumed name" (see Mail & Express Co., Inc. v Parker Axles, Inc., 204 App Div 327, 329 [1st Dept 1923]; Real Property Law § 442-d). The record supports the motion court's finding that plaintiff, whose principal was a licensed real estate broker...

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