Wormuth v. Lower Eastside Action Project, Inc.

Given the custom described in the opposing papers and the fact that defendant knew that plaintiff, a State of Louisiana architect, did not have a New York license yet availed itself of his services as architect, defendant is not entitled to summary judgment.

Defendant waited until plaintiff’s services were completed and then raised the question of the license to avoid payment. In these circumstances, the parties are in pari delicto. .While plaintiff should not have practiced architecture in this State without a New York license, defendant should not have knowingly called upon him to do…