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Richards Conditioning Corp. v. Oleet

Court of Appeals of the State of New York
Apr 3, 1968
21 N.Y.2d 895 (N.Y. 1968)

Summary

limiting the exception

Summary of this case from Marketing Specialists, Inc. v. Bruni

Opinion

Argued February 21, 1968

Decided April 3, 1968

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH F. HAWKINS, J.

Harry Krauss for appellants.

Robert Rosenthal for respondent.

Robert F. Bowling, Arthur H. Ellis and Anthony V. Cerchiara for City of Mount Vernon, amicus curiae.


Order reversed, without costs, and the complaint dismissed in the following memorandum: The finding of substantial performance is supported by the record. However, plaintiff cannot recover on the agreement since the installation was not licensed and since it employed unlicensed personnel to install the air conditioning system. The air conditioning system is a "refrigerating system" within the meaning of chapter 93 of the General Ordinances of the City of Mount Vernon and, therefore, may not be installed by unlicensed persons. Since the purpose of the regulatory scheme is to protect the public health and safety, lack of an installer's license bars recovery on the agreement ( Johnston v. Dahlgren, 166 N.Y. 354; see, e.g., Ann. Business License — Failure to Procure, 82 ALR 2d 1429, 1450 et seq.; 2 Restatement, Contracts, § 580, subd. [2], par. [d]; 6A Corbin, Contracts, § 1512; cf. Rosasco Creameries v. Cohen, 276 N.Y. 274, 280).

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.


Summaries of

Richards Conditioning Corp. v. Oleet

Court of Appeals of the State of New York
Apr 3, 1968
21 N.Y.2d 895 (N.Y. 1968)

limiting the exception

Summary of this case from Marketing Specialists, Inc. v. Bruni
Case details for

Richards Conditioning Corp. v. Oleet

Case Details

Full title:RICHARDS CONDITIONING CORP., Respondent, v. HAROLD K. OLEET et al.…

Court:Court of Appeals of the State of New York

Date published: Apr 3, 1968

Citations

21 N.Y.2d 895 (N.Y. 1968)
289 N.Y.S.2d 411
236 N.E.2d 639

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