Opinion
June 19, 1980
Appeal from the District Court of Nassau County, First District, RICHARD E. EDSTROM, J.
Ferzinger Wohl Finkelstein Rothman (Ronald G. Wohl of counsel), for appellant.
George Fidel and Leslie W. Rubin for respondent.
MEMORANDUM.
Order is unanimously reversed, without costs, and complaint dismissed.
A lease is both a contract and a conveyance of an estate or interest in land (1 Rasch, New York Landlord and Tenant [2d ed], §§ 2, 3). Since the lease and occupancy of the apartment are inextricably related to the sale of shares in the co-operative corporation (see Matter of State Tax Comm. v Shor, 43 N.Y.2d 151, 157; Frank v Rubin, 59 Misc.2d 796), a contract to pay compensation for services rendered in negotiating the sale of such shares comes within the purview of section 5-701 Gen. Oblig. of the General Obligations Law and section 442-d Real Prop. of the Real Property Law (see Frank v Rubin, supra; Sebel v Williams, 88 Misc.2d 411). The plaintiff herein was not a licensed real estate broker or a salesperson and the agreement to pay commission was not in writing. Accordingly, the plaintiff was not entitled to recover commissions.
Concur: PITTONI, P.J., SLIFKIN and O'GORMAN, JJ.