Novak v. Town of Poughkeepsie

In this action by a plumber for a judgment declaring a portion of the Town of Poughkeepsie’s Plumbing'Code invalid, the plaintiff moves for summary judgment.

The parties have litigated before. (Novak v. Town of Poughkeepsie, 57 Misc 2d 927.) After that litigation terminated in favor of plaintiff, the code was amended. Under the provisions of the amended code, the plaintiff obtained a plumber’s license which authorized him to work as a plumber within the town. However, under section 14.2.2 of the amended code, no person may lawfully conduct the 1 ‘ trade, business or calling of plum*386ing as…