Pennywise Props. v Fazio
2003 NY Slip Op 51398(U)
Decided on October 21, 2003
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Appellate Term, Second Department


[*1]
This opinion is uncorrected and will not be published in the Official Reports.

Digest-Index Classification:
Brokers—Real Estate Brokers—Commission

Decided on October 21, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:PESCE, P.J., ARONIN and PATTERSON, JJ.
NO. 2003-18 K C

PENNYWISE PROPERTIES, Respondent,

against

JOSEPH FAZIO, Appellant.


[*2]Appeal by defendant from a commercial claims judgment of the Civil Court, Kings County (A. Fisher Rubin, J.), entered February 14, 2002, in favor of plaintiff in the sum of $2,800, plus interest and costs.


Judgment unanimously reversed without costs and action dismissed.

In this commercial claims action for the alleged outstanding balance of the real estate broker's commission., plaintiff failed to plead and prove that it was duly licensed at the time of the transaction (see Real Property Law § 442-d; see also Kirp v Caleb's Path Realty Corp., 19 AD2d 744).
Decision Date: October 21, 2003