Appeal by plaintiff from an order of the Civil Court, Kings County (R. Garson, J.), entered March 30, 2004, which granted defendant's motion for summary judgment dismissing the action.

Order unanimously affirmed without costs.

In this action for real estate commissions allegedly due as a result of plaintiff having procured a buyer, ready, willing and able to purchase the property on terms agreeable to the seller (defendant), plaintiff failed to prove that he was duly licensed at the time the cause of action arose (see Real Property Law § 442-d; see also Kirp v Caleb's Path Realty Corp., 19 AD2d 744 [1963]). Moreover, attached to defendant's moving papers as Exhibits "B" and "C", is a brokerage agreement signed by plaintiff and a copy of defendant's attorney's notice of rejection naming Park Slope Real Estate, Inc. as the broker. Thus, even if plaintiff had been licensed at the time as required by section 442-d of the Real Property Law, his failure to set forth any facts contradicting the aforementioned exhibits, warrants the granting of defendant's motion for summary judgment (see CPLR 3212 [b]). [*2]
Decision Date: March 02, 2005