Opinion
July 31, 1989
Appeal from the Supreme Court, Queens County (Di Tucci, J.).
Ordered that the orders are affirmed, with one bill of costs.
In this action, the plaintiff, a licensed real estate salesman, sought to recover compensation for services he allegedly rendered in the negotiation of loans on real estate owned by the defendant. The Supreme Court, upon the defendant's motion, dismissed the complaint because Real Property Law § 442-a prohibits a licensed real estate salesman from receiving or demanding compensation for his services from anyone other than a duly licensed real estate broker with whom he is associated.
Contrary to the plaintiff's contention, he cannot avoid the proscription of Real Property Law § 442-a by withdrawing the allegation in his complaint that he is a licensed real estate salesman (see, Real Property Law § 442-d; 1931 Opns Atty Gen 107-108; cf., Bendell v De Dominicis, 251 N.Y. 305) and describing himself as a "general agent" of the defendant. Therefore, as found by the Supreme Court, the plaintiff is prohibited from maintaining this action against the defendant (Real Property Law § 442-a; see, Weintraub v Welch, 77 A.D.2d 792; cf., Rocco v Sortino, 105 A.D.2d 1063). Bracken, J.P., Brown, Lawrence and Kooper, JJ., concur.