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Berg v. Wilpon

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 2000
271 A.D.2d 629 (N.Y. App. Div. 2000)

Opinion

April 24, 2000.

In an action to recover a finder's fee in connection with the leasing of certain real property, the plaintiff appeals from a judgment of the Supreme Court, Richmond County (Ponterio, J.), dated February 1, 2000, which, after a nonjury trial, is in favor of the defendants and against him dismissing the complaint. The plaintiff's notice of appeal from a decision of the same court dated May 3, 1999, is deemed a premature notice of appeal from the judgment ( see, CPLR 5520 [c]).

O'Brien, J. P., Friedmann, Florio and Schmidt, JJ., concur.


Ordered that the judgment is affirmed, with costs.

The Supreme Court properly determined that the subject real property was a dominant feature of the transaction at issue. The plaintiff, who did not have a real estate broker's license, was therefore barred from collecting a fee for his endeavors, which were in the nature of brokerage services ( see; Real Property Law § 440, [3]; §§ 442-a, 442-d; G.C. Fortune Mgt. Co. v. Stockade Mobile Home Park, 246 A.D.2d 739; Eaton Assocs. v. Highland Broadcasting Corp., 81 A.D.2d 603; Sorice v. DuBois, 25 A.D.2d 521).


Summaries of

Berg v. Wilpon

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 2000
271 A.D.2d 629 (N.Y. App. Div. 2000)
Case details for

Berg v. Wilpon

Case Details

Full title:JEROME S. BERG, Appellant, v. KENNETH I. WILPON et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 24, 2000

Citations

271 A.D.2d 629 (N.Y. App. Div. 2000)
707 N.Y.S.2d 861

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