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RICHARDS CONDITIONING CORP. v. OLEET

21 N.Y.2d 895 (1968)

Richards Conditioning Corp., Respondent, v. Harold K. Oleet et al., Individually and Doing Business as Oleet Construction Co., et al., Appellants.

Court of Appeals of the State of New York.

Decided April 3, 1968.

Attorney(s) appearing for the Case

Harry Krauss for appellants.

Robert Rosenthal for respondent.

Robert F. Bowling, Arthur H. Ellis and Anthony V. Cerchiara for City of Mount Vernon, amicus curiae.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.

Order reversed, without costs, and the complaint dismissed in the following memorandum: The finding of substantial performance is supported by the record. However, plaintiff cannot recover on the agreement since the installation was not licensed and since it employed unlicensed personnel to install the air conditioning system. The air conditioning system is a "refrigerating system" within the meaning of chapter 93 of the General Ordinances of the City of Mount Vernon and...

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