KASPI v. WAINSTEIN

6431, 113180/11.

161 A.D.3d 443 (2018)

72 N.Y.S.3d 829

2018 NY Slip Op 03227

Paz Kaspi, Appellant, v. Michael Wainstein, Respondent.

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

Decided May 3, 2018.


The court properly denied plaintiff summary judgment where issues of fact exist as to whether the sum plaintiff seeks to recover is, in whole or in part, a finder's/broker's fee and whether plaintiff was a licensed real estate broker or real estate salesperson at the time he provided the purported services, as required by Real Property Law § 442-d. That defendant conceded at his deposition that he considered the letter agreement to be a stipulation of settlement is irrelevant...

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