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Design Supply Marble & Granite v Mills (2011 NY Slip Op 21045)

Supreme Court, Appellate Term, First Department, February 15, 2011
APPEARANCES OF COUNSEL
Law Offices of Jay B. Zimner, New York City (Jay B. Zimner of counsel), for appellant. Phillip R. Mills, New York City, for respondent.
{**31 Misc 3d at 51} OPINION OF THE COURT
Per Curiam.
Order (Jeffrey K. Oing, J.), dated February 9, 2009, insofar as appealed from, reversed, with $10 costs, defendant's motion denied, complaint reinstated and the matter remanded for further proceedings.
Defendant, a New York City resident, purchased a house in Dutchess County that he intended to use as a vacation abode. Defendant decided to renovate the house, and entered into a contract with plaintiff, a corporation with its principal office in New York City, pursuant to which plaintiff, in exchange for approximately $27,000, agreed to supply and install certain kitchen and bathroom fixtures. Plaintiff supplied and installed the fixtures, but defendant (who paid plaintiff approximately $10,000) refused to pay the remaining balance allegedly owed to plaintiff.
Plaintiff commenced this breach of contract action seeking the balance of the contract price, and defendant, in addition to asserting several counterclaims, claimed that plaintiff was precluded
file:///C|/Users/Peter/Desktop/NY/1/2011_21045.htm[4/21/2013 12:09:17 PM] Design Supply Marble & Granite v Mills (2011 NY Slip Op 21045)
from recovering under the contract or in quantum meruit because plaintiff did not possess a New York City home improvement license (see Administrative Code of City of NY

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