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Parker v. Vista Construction Concepts, Inc.

134 Misc. 2d 1 Court Supreme Court, Appellate Term, Second Department, Decision date 1986-04-10 English

Contents

Majority

p. 1
David Parker et al., Respondents, v Vista Construction Concepts, Inc., Appellant.
Supreme Court, Appellate Term, Second Department,
April 10,1986
p. 2
APPEARANCES OF COUNSEL
Probstein & Napolitano (Jon M. Probstein and Howard D. Leib of counsel), for appellant. Thomas A. Williams for respondents.

OPINION OF THE COURT

Memorandum.

Order affirmed, with $10 costs.

In our opinion, the plaintiff subcontractors, notwithstanding their failure to obtain a home improvement license, may enforce their contract against the defendant contractor, since the purpose of the requirement of a license is to "safeguard and protect the home owner” (Administrative Code of City of New York § B32-350.0; see also, Rosasco Creameries v Cohen, 276 NY 274 , 280; 12 NY Jur 2d, Business and Occupations, § 43; cf. Zimmett v Professional Acoustics, 103 Misc 2d 971 ). We do not construe the term, "owner”, as used in the code, to include a contractor vis-á-vis a subcontractor (see, Administrative Code § B32-351.0 [4]).

Kassoff, J. P., Monteleone and Lerner, JJ., concur.

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