Opinion
April 15, 1996
Appeal from the Supreme Court, Nassau County (Davis, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the defendants' motion to dismiss the complaint for failure to state a cause of action due to the plaintiffs' failure to plead that they were duly licensed home improvement contractors ( see, CPLR 3015 [e]; 3211 [a] [7]). The evidence established that the agreement entered into by the parties was not a home improvement contract ( see, Nassau County Administrative Code § 21-11.1 [4]), and that the plaintiffs were not home improvement contractors ( see, American Fire Restoration v. Gdanski, 216 A.D.2d 429). Accordingly, the plaintiffs were not required to be licensed ( see, Nassau County Administrative Code § 21-11.2). Sullivan, J.P., Pizzuto, Joy and Krausman, JJ., concur.