Opinion
May 22, 1967
Judgment of the Supreme Court, Westchester County, dated September 7, 1966, affirmed, with costs. In our opinion, the installation of the combination air conditioning and heating system, with ducts through which the air passed, cooled or heated by the equipment on the roof, did not involve a refrigerating system within the meaning of chapter 93 of the General Ordinances of the City of Mount Vernon, which an unlicensed installer was not permitted to install (cf. Bregman v. Winkler, 120 Misc. 483; McKinney's Cons. Laws of N.Y., Book 1, Statutes, § 232). The proof as to substantial performance and as to the payments justified a judgment in favor of plaintiff (3A Corbin, Contracts, § 692; Cassino v. Yacevich, 261 App. Div. 685). Christ, Acting P.J., Brennan, Rabin, Hopkins and Munder, JJ., concur.