Opinion
March 31, 1992
Appeal from the Supreme Court, New York County, Norman A. Mordue, J.
Defendants' argument that plaintiff failed to plead and prove its possession of a home improvement contractor's license is unpreserved for appellate review, since defendants failed to timely object to any defect in the plaintiff's proof on this ground. In any event, oral testimony admitted on plaintiff's case indicated that all proper licenses and permits were obtained, and the home improvement license itself was produced on a post-trial motion to set aside the verdict. Under these circumstances, the judgment in plaintiff's favor should not be set aside.
We have considered appellants' remaining contentions and find them to be without merit.
Concur — Sullivan, J.P., Rosenberger, Ellerin, Asch and Rubin, JJ.