In Weingast v. Rialto Pastry Shop (243 NY 113, 152 NE 693 [1926]), a business broker found a buyer for an ongoing business enterprise and negotiated the sale of same. Plaintiff sought payment for his services, but defendant argued that, because the sale included a lease for real property and plaintiff was not a licensed real estate broker, recovery was barred by the Real Property Law. The Court of Appeals found that the plaintiff was not in the business of procuring leases or in buying and selling leases or interests in real estate as such. (Id. at 117.) Even though plaintiff negotiated the transaction, plaintiff did not negotiate for a transaction in real estate. (Id.)