Appellate Terms of the Supreme Court of New York, 1986

Parker v. Vista Construction Concepts, Inc.

Appellate Terms of the Supreme Court of New York · Decided April 10, 1986

134 Misc. 2d 1; 511 N.Y.S.2d 458; 1986 N.Y. Misc. LEXIS 3045

Counsel

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

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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