Precision Mirror & Glass v. Dicostanzo

OPINION OF THE COURT

Memorandum.

Order reversed without costs and defendant’s motion for summary judgment denied.

In this breach of contract action, plaintiff seeks to recover the contract price for the fabrication and installation of custom glass shower doors over an existing bathtub in defendant’s home. Defendant moved for summary judgment dismissing the complaint on the ground that plaintiff could not recover upon the contract since it was not licensed to perform home improvement work {see CPLR 3015 [e]). Although plaintiff, in opposing the motion, admitted that it was unlicensed, it argued…