Marraccini v. Ryan, et al.
Annotate this CasePlaintiff sued defendants over whether plaintiff had been fully paid for construction, rehabilitation, and maintenance work performed for defendants. Defendants moved for summary judgment on the ground, inter alia, that plaintiff was not licensed to do home improvement business in his individual name. At issue was whether plaintiff, by doing business in his own name and not the name on his license, violated Westchester County Administrative Code 863.319(1)(b). The court held that a licensed home improvement contractor who entered into a contract using a name other than the one on his license was not barred from enforcing the contract unless the other party was deceived or otherwise prejudiced by the misnomer. The court also held that the forfeiture of the right to be paid for work done was an excessive penalty in this case for what seemed to have been an inadvertent and harmless violation of the County Code. Accordingly, the order of the appellate division should be reversed with costs and defendants' motion for summary judgment denied.
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