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O'Mara Organization, Inc. v. Plehn

Appellate Division of the Supreme Court of New York, First Department
Jan 23, 1992
179 A.D.2d 548 (N.Y. App. Div. 1992)

Summary

In O'Mara Org. v. Plehn, 179 A.D.2d 548, 548 (1st Dep't 1992), the Appellate Division affirmed dismissal of the action due to plaintiff's lack of a license to undertake home improvements.

Summary of this case from Joseph A. Tuana & Assocs., Inc. v. Burns

Opinion

January 23, 1992

Appeal from the Supreme Court, New York County (Harold Tompkins, J.).


The action was properly dismissed because of plaintiff's lack of a license to undertake home improvements, as required by Administrative Code of the City of New York § 20-387 (a). Plaintiff's argument that the statute does not apply since it acted only as defendant's agent in coordinating and monitoring the renovations is without merit. First, plaintiff did perform some of the contracted labor itself. Second, the performance of services as a general contractor or project manager does not exempt persons engaged in the home improvement business from the licensing requirement (Zimmett v. Professional Accoustics, 103 Misc.2d 971, 975-976). Finally, no view of the facts supports plaintiff's contention that the home improvement services performed by it were consistent with a commercial rather than residential use. Plaintiff's own correspondence acknowledged that the work was performed for defendant's "new home" and "residence".

Concur — Rosenberger, J.P., Wallach, Asch and Rubin, JJ.


Summaries of

O'Mara Organization, Inc. v. Plehn

Appellate Division of the Supreme Court of New York, First Department
Jan 23, 1992
179 A.D.2d 548 (N.Y. App. Div. 1992)

In O'Mara Org. v. Plehn, 179 A.D.2d 548, 548 (1st Dep't 1992), the Appellate Division affirmed dismissal of the action due to plaintiff's lack of a license to undertake home improvements.

Summary of this case from Joseph A. Tuana & Assocs., Inc. v. Burns
Case details for

O'Mara Organization, Inc. v. Plehn

Case Details

Full title:O'MARA ORGANIZATION, INC., Appellant, v. RICHARD A. PLEHN, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 23, 1992

Citations

179 A.D.2d 548 (N.Y. App. Div. 1992)

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