Barash v Baharestani, 2016 NY Slip Op 02735 [138 AD3d 489]

April 12, 2016

Appellate Division, First Department

[*1]

Alon Barash, Appellant,

v

Steven Baharestani et al., Respondents.

Gordon & Gordon, P.C., Forrest Hills (Jason S. Matuskiewicz of counsel), for appellant.

Michael Goldman, Great Neck, for respondents.

Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered October 28, 2014, which granted defendants’ pre-answer motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, with costs.

Even when considering plaintiff’s affidavit, which may be considered to remedy pleading defects ( see Leon v Martinez , 84 NY2d 83, 88 [1994]), plaintiff’s own allegations establish that he was a licensed real estate salesperson, not a licensed broker. Therefore, he is barred from demanding compensation for services he rendered in connection with the individual defendant’s purchase of an apartment ( see Real Property Law § 442-a). Concur—Friedman, J.P., Sweeny, Saxe, Richter and Kahn, JJ..