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Howard Carr Cos. Inc. v. Cumberland Farms Inc.

Broker's Quantum Meruit Suit Dismissed; RPL §442-d License Requirement Unavoidable

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MEMORANDUM — DECISION and ORDERI. INTRODUCTION Plaintiff Howard Carr Companies, Inc. (“the Howard Group” or “plaintiff”) initially filed this action in Supreme Court, Albany County, against defendants Cumberland Farms, Inc. (“Cumberland”) and First Hartford Realty Corporation (“First Hartford”) (collectively “defendants”) alleging defendants failed to pay certain real estate commissions valued at approximately $1 million.On December 4, 2018, defendants removed the suit to federal court. Thereafter, defendants moved under Federal Rule of Civil Procedure (“Rule”) 12(b)(6) to dismiss the Howard Group’s complaint. The motion has been fully briefed and will be considered on the basis of the submissions without oral argument.II. BACKGROUNDThe following facts are taken from the Howard Group’s operative pleading, Dkt. No. 2, and are assumed true for the purpose of resolving defendants’ motion to dismiss.The Howard Group is a New York corporation that operates a commercial real estate brokerage out of its office in Albany, New York. Compl.

1-3. Cumberland operates a chain of convenience stores from its corporate headquarters in Framingham, Massachusetts, while First Hartford is a commercial real estate developer based in Manchester, Connecticut. Id.

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