Meguin v. Kramer

Appellate Terms of the Supreme Court of New York

Meguin v. Kramer

49 Misc. 2d 572, 268 N.Y.S.2d 191, 1965 N.Y. Misc. LEXIS 1232

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 22, 1965

StatusPublished

Cited by2 cases

This text of 49 Misc. 2d 572 (Meguin v. Kramer) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Meguin v. Kramer, 49 Misc. 2d 572, 268 N.Y.S.2d 191, 1965 N.Y. Misc. LEXIS 1232 (N.Y. Ct. App. 1965).

Pincite

Opinion

Per Curiam.

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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Per Curiam.

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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Bluebook (online)

49 Misc. 2d 572, 268 N.Y.S.2d 191, 1965 N.Y. Misc. LEXIS 1232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meguin-v-kramer-nyappterm-1965.

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