Legal Opinion
Marraccini v. Ryan
New York Court of Appeals
Decided June 2, 2011No. 115PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
We hold that a licensed home improvement contractor who enters into a contract using a name other than the one on his license is not barred from enforcing the contract unless the other party is deceived or otherwise prejudiced by the misnomer.
Plaintiff, Anthony Marraccini, filed a certificate with the Clerk of Westchester County on May 19, 1993, saying that he was transacting business under the name “Coastal Construction Development.” The following day, Marraccini applied to the Westchester County Department of Consumer Protection for a home improvement license.…
2Cases cited2 opinions
- B & F Building Corp. v. LiebigNew York Court of Appeals · 1990
- Marraccini v. RyanAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by3 opinions
- Velardo v. TomescuAppellate Division of the Supreme Court of the State of New York · 2012
- Carrea & Sons, Inc. v. HemmerdingerRye City Court · 2013
- Best Quality Swimming Pool Service, Inc. v. ProssNew York Supreme Court · 2016