Allen v. Miller

The plaintiff might have but did not contest the payment for the plumbing work and materials on the ground of the defendant’s noncompliance with the licensing statute. (Administrative Code of City of New York, § 561-1.0; Ellejan v. Dinerstein, N. Y. L. J., May 12, 1950, p. 1701, col. 3.) Instead he paid the contract price for such work to the defendant. These circumstances do not in and of themselves entitle plaintiff to the return of such payment. (Johnston v. Dahlgren, 166 N. Y. 354, affg. 48 App. Div. 537; see, also, Low v. Capitol Wine & Spirit Corp., 272 App. Div. 703, 705.) However,…