Opinion
April 10, 1986
Appeal from the Civil Court of the City of New York, Queens County, John Marmarellis, J.
Probstein Napolitano (Jon M. Probstein and Howard D. Leib of counsel), for appellant.
Thomas A. Williams for respondents.
MEMORANDUM.
Order affirmed, with $10 costs.
In our opinion, the plaintiff subcontractors, notwithstanding their failure to obtain a home improvement license, may enforce their contract against the defendant contractor, since the purpose of the requirement of a license is to "safeguard and protect the home owner" (Administrative Code of City of New York § B32-350.0; see also, Rosasco Creameries v Cohen, 276 N.Y. 274, 280; 12 N.Y. Jur 2d, Business and Occupations, § 43; cf. Zimmett v Professional Acoustics, 103 Misc.2d 971). We do not construe the term, "owner", as used in the code, to include a contractor vis-a-vis a subcontractor (see, Administrative Code § B32-351.0 [4]).
KASSOFF, J.P., MONTELEONE and LERNER, JJ., concur.