Legal Opinion

Gargano v. Smith

Civil Court of the City of New York

Decided November 20, 1978PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Bernard Fuchs, J.

Plaintiff, a home improvement contractor, sues to recover on an oral agreement with defendant for work done at defendant’s premises and adjoining properties. Defendant moves for summary judgment on the ground that plaintiff is unlicensed in violation of the Administrative Code of City of New York and that the agreement is oral, contrary to a New York City Department of Consumer Affairs regulation. By cross motion plaintiff seeks to amend his bill of particulars and the summons and complaint to name as defendants both defendant’s wife and owners of the…

2Cases cited19 opinions

  1. John E. Rosasco Creameries, Inc. v. CohenNew York Court of Appeals · 1937
  2. Johnston v. . DahlgrenNew York Court of Appeals · 1901
  3. Galbreath-Ruffin Corp. v. 40th & 3rd Corp.New York Court of Appeals · 1967
  4. Carmine v. MurphyNew York Court of Appeals · 1941
  5. Richards Conditioning Corp. v. OleetNew York Court of Appeals · 1968

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3Cited by4 opinions

  1. Zimmett v. Professional Acoustics Ltd.Appellate Terms of the Supreme Court of New York · 1980
  2. Zandell v. ZerbeCivil Court of the City of New York · 1988
  3. Anton Sattler, Inc. v. CummingsNew York Supreme Court · 1980
  4. Todisco v. EconopoulyAppellate Division of the Supreme Court of the State of New York · 1989

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