DSA REALTY SE VICES, LLC, plf-res, v. MARCUS & MILLICHAP REAL ESTATE INVESTMENT SERVICES OF NEW YORK, NC., ETC., def-ap

15211. DSA REALTY SE VICES, LLC, plf-res, v. MARCUS & MILLICHAP REAL ESTATE INVESTMENT SERVICES OF NEW YORK, NC., ETC., def-ap — Treff & Lowy PLLC, Brooklyn (Michael Paneth of counsel), for ap — Westerman Ball Ederer Miller Zucker & Sharfstein, LLP, Uniondale (Laura Gillen of counsel), for res — Order, Supreme Court, New York County (George J. Silver, J.), entered February 21, 2014, which denied defendant's motion to dismiss the complaint pursuant to CPLR 3211(a)(1) and (7), unanimously reversed, on the law, without costs, and the motion to dismiss granted pursuant to CPLR 3211(a)(1). The Clerk is directed to enter judgment accordingly.

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15211. DSA REALTY SE VICES, LLC, plf-res, v. MARCUS & MILLICHAP REAL ESTATE INVESTMENT SERVICES OF NEW YORK, NC., ETC., def-ap — Treff & Lowy PLLC, Brooklyn (Michael Paneth of counsel), for ap — Westerman Ball Ederer Miller Zucker & Sharfstein, LLP, Uniondale (Laura Gillen of counsel), for res — Order, Supreme Court, New York County (George J. Silver, J.), entered February 21, 2014, which denied defendant’s motion to dismiss the complaint pursuant to CPLR 3211(a)(1) and (7), unanimously reversed, on the law, without costs, and the motion to dismiss granted pursuant to CPLR 3211(a)(1). The Clerk is directed to enter judgment accordingly.

In this action to recover a real estate broker commission fee, plaintiff, a licensed real estate brokerage firm, alleges that it referred a purchaser to defendant, and that, pursuant to an oral agreement between it and defendant, it is entitled to half of the brokerage commission earned by defendant on the sale of a building to that purchaser. In support of its motion to dismiss on the basis of documentary evidence, defendantsubmitted an affidavit from its investment associate, to which a letter from plaintiff’s chairman and officer, Ari Lifshitz, was annexed. The letter requested confirmation from defendant that a “referral fee” would be owed upon the closing of the sale of the building, because “[a]ll parties concerned are in agreement that I introduced you to [the purchaser] and thus earned my fee.” Defendant also submitted documentary evidence that Lifshitz is not licensed to act as a real estate broker or salesman in New York, which plaintiff does not dispute.

DSA REALTY SE VICES, LLC, plf-res, v. MARCUS & MILLICHAP REAL ESTATE INVESTMENT SERVICES OF NEW YORK, NC., ETC., def-ap

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