Opinion
March 24, 1998
Appeal from the Supreme Court, Bronx County (Luis Gonzalez, J.).
We affirm for the reason advanced by defendant before the motion court, but never reached, that plaintiff's complaint, even when supplemented by its affidavit, fails to allege a brokerage agreement between the parties ( compare, Lanstar Intl. Realty v. New York News, 206 A.D.2d 411, with Williams Real Estate Co. v. Viking Penguin, 228 A.D.2d 233), and therefore does not state a cause of action (CPLR 3211 [a] [7]). We do not reach the issue of whether plaintiff had entered into a prohibited "net listing" agreement with the seller ( see, 19 NYCRR 175.19).
Concur — Sullivan, J. P., Milonas, Rosenberger and Tom, JJ.