Legal Opinion
Lindner Appraisal Corp. v. H. Mabel Frewil Corp.
New York Supreme Court
Decided January 22, 1973PublishedCited by 9 opinions
1Opinion of the CourtBertram Harnett, J.
We rule here that failure pf a New York City home improvement solicitor contractor to have the requisite city license may invalidate its construction contract, but does not bar it from quantum meruit recovery not exceeding the contract price.
A. THE PROBLEM.
When a two-family house in Brooklyn, owned by H. Mabel Frewil Corp. (Frewil), was damaged by fire on January 1,1971, the corporation entered into a form-type written contract with Lindner Appraisal Corp. (Lindner). It provided for Lindner as “ contractor ” to prepare a report on the damage and submit it to the appropriate fire insurance…
2Cases cited4 opinions
- John E. Rosasco Creameries, Inc. v. CohenNew York Court of Appeals · 1937
- Johnston v. . DahlgrenNew York Court of Appeals · 1901
- Carmine v. MurphyNew York Court of Appeals · 1941
- Adler v. . ZimmermanNew York Court of Appeals · 1922
3Cited by9 opinions
- Ellis v. GoldAppellate Division of the Supreme Court of the State of New York · 1994
- Hiram Ricker & Sons v. Students International Meditation SocietySupreme Judicial Court of Maine · 1975
- Farmer v. FarmerTennessee Supreme Court · 1975
- Vitanza v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1975
- Anton Sattler, Inc. v. CummingsNew York Supreme Court · 1980
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