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Meguin v. Kramer

49 Misc. 2d 572 Court Supreme Court, Appellate Term, Second Department, Decision date 1965-12-22 English

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p. 572
Kenneth R. Meguin et al., Respondents, v. Joseph Kramer, Appellant.
Supreme Court, Appellate Term, Second Department,
December 22, 1965.
Joseph S. Rodell and Michael L. Matar for appellant. Teller-man <& Silverstein (Walter C. Silverstein of counsel), for respondents.

Plaintiffs, who were not licensed to do plumbing work in New York City, may not recover a balance alleged to be due even if such work were subcontracted by plaintiffs to a licensed plumber (Wexler v. Rust, 144 App. Div. 296 ; Weinstein v. Silberfeld, 116 N. Y. S. 2d 471 ; see, also, Bronold v. Engler, 194 N. Y. 323 ). However, plaintiffs are not precluded from seeking to recover any unpaid balance claimed to be due for work other than plumbing and materials furnished in connection therewith (Johnston v. Dahlgren, 166 N. Y. 354 ; Weinstein v. Silberfeld, supra; 18 N. Y. Jur., Electricians, Plumbers, Artisans, § 25).

The judgment and order should be unanimously reversed and a new trial ordered, with $30 costs to defendant to abide the event.

Concur — Brows", Schwaetewald and Baker, JJ.

Judgment and order reversed, etc.

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